Surya Pratap Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1414 of 2022 In Civil Writ Jurisdiction Case No.21214 of 2021 ====================================================== Surya Pratap Singh (M), aged about 51 years, Son of Late Keshavendra Pratap Singh, Resident of Tarkeshwar Sadan, New Kulharia House, Exhibition Road, P.O.- GPO, P.S.- Gandhi Maidan, District- Patna- 800001. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Panta. 2.

The District Magistrate, Patna.

3.

The Senior Superintendent of Police, Patna.

4.

The S.H.O., Gandhi Maidan Police Station, District- Patna. 5.

Patna Municipal Corporation, Patna through the Municipal Commissioner, Patna Municipal Corporation, Patna.

6.

Municipal Commissioner, Patna Municipal Corporation, Patna. 7.

The Executive Engineer, Nutan Rajdhani Circle (North), Patna Municipal Corporation, Patna.

8.

The Vigilance Officer, Patna Municipal Corporation, Patna. 9.

The Deputy Director, Urban Planning, Patna Municipal Corporation, Patna. 10.

Digvijay Singh Son of Late Mahendra Pratap Singh Resident of New Kulhariya House, West Exhibition Road, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vivek Kumar Singh, Advocate For the Opposite Party/s :

Mr.Abbas Haider (SC6) For the PMC :

Mr. Prasoon Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 12-07-2023 The present petition has been filed to restore a writ petition bearing C.W.J.C. No.21214 of 2021, which was dismissed for default, by an order dated 26.07.2022, passed by this Court.

Patna High Court MJC No.1414 of 2022(4) dt.12-07-2023 2/2 The learned counsel for the petitioner submits that since the arguing counsel for the petitioner was busy in another court, he could not attend the proceedings of the present case when the same was called out for hearing, hence a sympathetic view be taken and the aforesaid writ petition be restored to its original file.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the averments made in the present petition, we deem fit and proper to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No.21214 of 2021 to its original file.

The present restoration petition stands allowed. (Mohit Kumar Shah, J) ( Shailendra Singh, J) Sanjay/-Ajay U