Amrendra Kumar Sinha And ANR v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2806 of 2018 In CIVIL REVIEW No.343 of 2017 ====================================================== 1.

Amrendra Kumar Sinha S/o Sri Late Bhuvneshwar Prasad, resident of Mohalla- Panchshil Nagar, P.O.- Digha, District- Patna. 2.

Ashok Kumar Mishra, S/o Sri Purushottam Mishra, resident of MohallaSouth Ram Krishna Nagar, New Bypass Sheikhpura, District- Patna. 3.

Sanjay Kumar Sinha, S/o Late Braj Kishore Prasad, resident of MohallaDariyapur Gola, Mohar Tola, Bankipur, District- Patna. 4.

Rajendra Prasad, S/o Late Ram Babu Sao, resident of Mohalla- Behind Janta Hotel, Govind Mitra Road, Babu Tola Lane, Muradpur, Patna. 5.

Radhey Shyam Pandey, S/o Late Damodar Pandey, resident of VillageNarauli, P.O.- Karauta, District- Patna. 6.

Binay Kumar-1, S/o Late Ram Babu, At- House No.155, Awasthi Ghat, Danapur Main Road, Digha, District- Patna.

7.

Dewanand Singh, S/o Late Ram Vinayak Singh, At- Flat No.202, Ishan Aptt. Shivpuri, Boring Road, District- Patna.

8.

Kamal Nath, S/o Late Tarkeshwar Nath, At- A- 110, P.C. Colony, Kankarbagh, District- Patna.

9.

Sharda Nand Lal Das, S/o Late Rasdhari Lal Das, resident of VillageSarhad, P.O.- Lohat, District- Madhubani. ... ... Petitioner/s

Versus

1.

The Union of India through the Registrar General and Census Commissoner, India, Ministry of Home Affairs. 2-A. Man Singh Road, New Delhi-110011 2.

The Under Secretary to the Government of India, Ministry of Home Affairs, Office of the Registrar General, India, AD III section 2-A. Man Singh Road, New Delhi-110011 3.

The Director of Census Operations, Bihar, Ministry of Home Affairs, Bihar State Co-operative Bank Building. Ashok Rajpath, Patna 800004 4.

The Joint Director of Census Operation, Bihar, Ministry of Home Affairs, Bihar State Co-operative Building. Ashok Rajpath, Patna 800004 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mayank Rukhaiyar For the Opposite Party/s :

Mr.S.D Sanjay Addl. Soc. Gen.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH)

Patna High Court MJC No.2806 of 2018(4) dt.23-01-2020 2/2 23-01-2020 Heard learned counsel for the petitioners and learned counsel appearing for the Union of India.

This application has been filed for restoration of Civil Review No. 343 of 2017.

Learned counsel for the petitioners submits that since the file was taken away by the petitioners for consultation with their fellow colleagues and inadvertently the same could not be handed over back to the Advocate on record, as a result of which on 27.06.2018 when the Civil Review application was taken up arguments could not be advanced and the review application was dismissed for want of prosecution. It is submitted that there was neither any deliberate nor any willful laches on the part of the petitioners.

Learned counsel for the Union of India does not oppose the prayer for restoration of the review application. On the facts and in the circumstances of the case the prayer is allowed. Civil Review No. 343 of 2017 is directed to be restored in its original file.

(Ashwani Kumar Singh, J) Bibhash/- ( Partha Sarthy, J) U