Asharfi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2300 of 2019 In Civil Writ Jurisdiction Case No.2852 of 2016 ====================================================== Asharfi Devi W/o Late Wakil Rai Resident of Mohalla- Professor's Colony, Lane No.2, Tajpur Road, P.O. Samastipur (G.P.O.), P.S.- Samastipur Town, District- Samastipur, (Bihar- 848101.) ... ... Petitioner/s

Versus

1.

The State of Bihar Through its Principal Secretary, Public Health Engineering Department, Government of Bihar, Vishweshswraiya Bhawan (Technical Secretariat), Opposite New Secretariat, Bailey Road, Patna800001. 2.

The Chief Engineer Tirhut Zone, Public Health Engineering Department, Muzaffarpur, Bihar.

3.

The Superintending Engineer Darbhanga Circle, Public Health Engineering Department, Darbhanga.

4.

The Executive Engineer Samastipur Division, Public Health Engineering Department, Samastipur.

5.

The Assistant Engineer Public Health Engineering Sub-Division, Samastipur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vipin Kumar For the Opposite Party/s :

Mr.S. Raza Ahmad (Aag 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-08-2023 The present petition has been filed for restoration of a writ petition bearing CWJC No. 2852 of 2016, which has stood dismissed on account of non-prosecution, by an order dated 1.11.2018.

2.

The learned counsel for the petitioner submits that the petitioner came to know about the dismissal of her case on account of non-prosecution in the year, 2019, whereafter she engaged the present counsel and has then filed the restoration

Patna High Court MJC No.2300 of 2019(4) dt.02-08-2023 2/2 petition. It is also submitted by the learned counsel for the petitioner that the vakalatnama of the petitioner, with a no objection endorsement of the earlier counsel, would definitely be filed in the aforesaid writ petition within a period of four weeks from today.

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 proper to direct for restoration of the aforesaid writ petition bearing CWJC No. 2852 of 2016 to its original file, subject to the learned counsel, appearing for the petitioner in the present case, filing the requisite vakalatnama, after obtaining no objection from the earlier counsel, within a period of four weeks from today.

4.

The present restoration petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U