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Patna High CourtMJC/1752/2023allowed

Dilip Kumar @ Dilip Yadav v. The State Of Bihar

2025-04-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1752 of 2023 In Civil Writ Jurisdiction Case No.13634 of 2013 ====================================================== Dilip Kumar @ Dilip Yadav S/o-Late Achraj Gop R/o MohallaChiriyatarn,P.S.-Rampur, District-Gaya, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Gaya, District-Gaya. 2.

The Sub Divisional Officer, Sadar Gaya, District-Gaya. 3.

The Circle Officer, Town, Gaya, District-Gaya. 4.

The Municipal Commissioner, Gaya Municipal Corporation, Gaya, DistrictGaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Opposite Party/s :

Mr.Subhash Prasad Singh, GA-3 Mr. Indeshwari Prasad Mandal, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2025 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 13634 of 2013, which has stood dismissed for non-prosecution, vide order dated 15.2.2023.

2.

The learned counsel for the petitioner has submitted that the earlier Advocate on record, appearing in the aforesaid writ petition had died, hence, nobody could appear on behalf of the petitioner when the case was called out for hearing on 15.2.2023, however, now the present Advocates on record Sri Praveen Kumar and Uday Pratap Singh have been engaged and the case would definitely be prosecuted diligently, thus, a sympathetic view be taken and the

Patna High Court MJC No.1752 of 2023(3) dt.04-04-2025 2/2 aforesaid writ petition be restored to its original file. 3.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No. 13634 of 2013 to its original file.

4.

Accordingly, the present restoration petition stands allowed.

(Mohit Kumar Shah, J) Ajay/- U