Seema Kumari v. The State Of Bihar Through The Principal Secretary, Education Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1940 of 2023 In Civil Writ Jurisdiction Case No.67 of 2019 ====================================================== Seema Kumari daughter of Ganesh Prasad Srivastava, Resident of Village Saraiya, P.S. Goreakothi, District - Siwan, At present R/o - behind Gaushala Siwan, P.S. Siwan, Town and District - Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department Government of Bihar, Patna.

2.

The Director, Primary Education, Government of Bihar, Patna. 3.

The District Magistrate, Siwan.

4.

The District Education Officer, Siwan.

5.

The District Programme Officer, Siwan.

6.

The Block Development Officer, Goreakothi, District Siwan. 7.

The Block Education Officer, Goreakothi, District Siwan. 8.

The Mukhiya, Gram Panchayat Raj, Sarai South, Anchal Goreakothi, District Siwan.

9.

The Panchayat Secretary, Gram Panchayat Raj Sarai South, Anchal Goreakothi, District - Siwan.

10.

Subesh Prasad, Son of Adalat Prasad, Resident of Village - Sareya, P.S. Goreakothi, District Siwan, presently posted as Panchayat Teacher, New Primary School, Bahopur, Anchal Goreakothi, District- Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Prasad, Advocate For the Opposite Party/s :

Mr.Smt. Binita Singh (SC 28) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-09-2023 1.

The present petition has been filed for restoration of a writ petition bearing C.W.J.C. no. 67 of 2019, which has stood dismissed on account of non-compliance of the peremptory order dated 04.01.2019.

2.

The learned counsel for the petitioner has though

Patna High Court MJC No.1940 of 2023(2) dt.01-09-2023 2/2 furnished such reasons in defense which are apparently incorrect, but has nonetheless, admitted that on account of laches of his Clerk, the requisites were submitted in the office after the expiry of the peremptory time, however, he has submitted that a sympathetic view be taken and if so warranted, adequate cost be imposed, which he is ready to deposit with the Patna High Court Legal Aid Committee, for restoration of the aforesaid writ petition.

3.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. no. 67 of 2019 to its original file, however, subject to deposit of a sum of Rs. 10,000/- with the Patna High Court Legal Aid Committee within a period of two weeks from today. 4.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U