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Patna High CourtMJC/2850/2016disposed

Amarjit Bhagat v. The State Of Bihar And ORS

2017-12-132 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2850 of 2016 In LPA 486 of 2011 ====================================================== Amarjit Bhagat .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur, Adv. For the Respondent/s : Mr. Raghwanand, GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 13-12-2017 Heard learned counsel for the petitioner and counsel for the State.

In the present case, the petitioner has filed I.A. No. 6402 of 2016 seeking condonation of delay in filing the L.P.A. No. 486 of 2011. There is delay of 4 years 4 month and 18 days, the same stands condoned, subject to payment of Rs. 7,000/- in the Patna High Court Legal Services Committee within a period of two weeks after X-mas holidays.

The petitioner has stated that on account of communication gap, the petition has been dismissed for default for non-prosecution on 21.7.2011.

Looking to the facts and circumstances of the case, the L.P.A. No. 486 of 2011 is restored to its original file.

Patna High Court MJC No.2850 of 2016 (4) dt.13-12-2017 It is made clear that in failure to deposit the aforesaid amount, the present order will be treated to have been recalled.

(Shivaji Pandey, J) (Rajeev Ranjan Prasad, J) Rishi/- U