Kishore Yadav @ Kishore Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18727 of 2015 =========================================================== Kishore Yadav @ Kishore Kumar Yadav Son of Late Bhoomi Yadav Resident of Bari Mahuli, post - Basudeopur, District - Munger (Lessee). .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Mines and Geology Department, Government of Bihar, Patna.

2. The Principal Secretary, Mines and Geology Department, Government of Bihar, Patna.

3. The District Magistrate-cum-Collector, Munger.

4. The Superintendent of Police, Munger.

5. The Sub-Divisional Officer, Munger.

6. The District Mining Officer, Munger.

7. The Sub-Divisional Police Officer, Jamalpur, Munger.

8. The Circle Officer, Munger.

9. The Officer-in-Charge (SHO) Muffasil, P.S. District - Munger.

10. The Mines Commissioner, Mines and Geology Department, Government of Bihar, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shambhu Sharan Singh, Advocate For the Mines : Mr. Naresh Dixit, Advocate For the State : Mr. Shashi Shekhar Kr. Prasad, AC to PAAG 2 =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 30-08-2018 Let the Mines Commissioner, Department of Mines & Geology, Government of Bihar be impleaded as respondent number 10.

The disputed issue of fact on oath by both parties is, regarding the restoration application being received or not received in the office of the Mines Commissioner. This Court is of the opinion that interest of justice would be served if the petitioner is permitted to

Patna High Court CWJC No.18727 of 2015 dt.30-08-2018 2/2 make restoration application afresh before the Mines Commissioner within a period of three weeks from today, failing which the authority would not be obliged to consider the petitioner's application for restoration of Revision Case no. 34 of 2012.

Upon filing of such restoration application the case of the petitioner would be considered in accordance with law. The writ petition is dismissed.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date