Company Mandal, v. The Bihar State Board Of Religious Trust Through Its Administrator,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1748 of 2021 In Letters Patent Appeal No.1541 of 2017 ====================================================== Company Mandal, ... ... Petitioner/s

Versus

The Bihar State Board of Religious Trust through its Administrator, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vagisha Pragya Vacaknavi, Advocate For the Opposite Party/s :

Mr.Lalit Kishore, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 01-11-2023 Re: I.A. No. 1 of 2023 Heard I.A. No. 1 of 2023 for condonation of delay in filing MJC. For the reasons stated in the application and affidavit, delay of 19 months 15 days in filing MJC No. 1748 of 2021 stands condoned in the interest of litigant.

2. Accordingly, I.A. No. 1 of 2023 stands allowed.

3. Consequently, MJC is heard insofar as recalling the order dated 19.12.2019 passed in LPA No. 1541 of 2017, which was dismissed for non-prosecution. Once again in the interest of petitioner - Company Mandal and for no default on his part LPA was dismissed for non-prosecution. Hence, the order dated 19.12.2019 passed in LPA No. 1541 of 2017 stands recalled.

Patna High Court MJC No.1748 of 2021(4) dt.01-11-2023 2/2 LPA No. 1541 of 2017 restored on the file.

4. Registry is hereby directed to list LPA No. 1541 of 2017 before the roster bench. However, MJC No. 1748 of 2021 is allowed, subject to payment of cost of Rs. 5,000/- (Rupees Five Thousand Only). Cost shall be remitted in the Patna High Court Legal Services Committee within a period of four weeks' from today.

(P. B. Bajanthri, J) (Arun Kumar Jha, J) abhishekkr/- U