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Patna High CourtMJC/2098/2024allowed

Nibha Kumari v. The State Of Bihar

2024-12-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2098 of 2024 In Civil Writ Jurisdiction Case No.13235 of 2023 ====================================================== Nibha Kumari Wife of Mahesh Mandal Resident of Alam Nagar North, Ward No.- 10, Block and Police Station- Alam Nagar, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Social Welfare Department, through the Secretary, Government of Bihar 3.

The District Magistrate, Madhepura 4.

The District Programming Officer, Madhepura.

5.

Smt. Dolly Kumari Wife of Pintu Kumar Resident of Village- Alam Nagar South, Ward No. -01, District- Madhepura.

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

For the Petitioner/s :

Mr.Rajnish Chandra, Advocate For the Opposite Party/s :

Mr.Asit Kr. Jha, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-12-2024

1. The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No.13235 of 2023, which has stood dismissed for want of prosecution vide order dated 12.02.2024.

2. The learned counsel for the petitioner has submitted that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid writ petition was dismissed for want of prosecution, thus a sympathetic view be taken and the aforesaid writ petition be restored to its original file.

3. Having regard to the facts and circumstances of the

Patna High Court MJC No.2098 of 2024(2) dt.20-12-2024 2/2 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 appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No.13235 of 2023 to its original file.

4. The present petition stands allowed.

(Mohit Kumar Shah, J) Saurav/- U