Nasir Khan v. The State Of Bihar Through The Engineer-In-Chief-Cum- Special Secretary, Road Construction Deptt.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2039 of 2025 In FIRST APPEAL No.222 of 2009 ====================================================== Nasir Khan Son of Mustafa Khan Resident of village- Mahual, P.S.- Hussainganj, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Engineer-in-Chief-cum- Special Secretary, Road Construction Deptt. Road Construction Department, Govt. of Bihar, Patna.

2.

The Executive Engineer, Public Works Department, Siwan. 3.

The Sub Divisional Officer, Public Works Department, Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh, Advocate For the Opposite Party/s :

Mr.Government Pleader 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-10-2025

1. Heard learned counsel for the petitioner and learned counsel for the opposite parties.

2. The instant application has been filed for restoration of F.A no.222 of 2009, which stood dismissed for default on 1.11.2022 for non-compliance of the peremptory order dated 27.9.2022.

3. Having heard learned counsel for the parties and taking into consideration the submissions made and the contents of the petition, the Court is satisfied that the petitioner has made out a case for restoration of the main appeal.

4. The restoration application stands allowed.

Patna High Court MJC No.2039 of 2025(3) dt.31-10-2025 2/2

5. F.A no.222 of 2009 is restored to its original file. (Partha Sarthy, J) Shiv/- U