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Patna High CourtMJC/1585/2022allowed

Indrajit Patel v. The State Of Bihar

2024-02-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1585 of 2022 In Civil Writ Jurisdiction Case No.3591 of 2019 ====================================================== Indrajit Patel S/o Late Rajan Deo Ram @ Rajan Ray Resident of Khajuriya (Kurmitola), P.S.- Gobindganj, District East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, and Development Department, New Secretariat, Bailey Road, Patna.

3.

The District Magistrate, East Champaran.

4.

The Sub-Divisional Magistrate, Areraj, East Champaran. 5.

The Circle Officer, Areraj, Motihari, East Champaran. 6.

Bhagirath Patel S/o Late Ramgulam Patel Resident of Village- Khajuriya (Kurmi Tola), P.S.- Gobindganj, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Tiwari, Advocate For the Opposite Party/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-02-2024 The present petition has been filed for restoration of a writ petition bearing CWJC No.3591 of 2019, which has stood dismissed on account of non-prosecution by an order dated 11.07.2022.

2.

The learned counsel for the petitioner has submitted that on the day, when the aforesaid writ petition was called out for hearing, counsel for the petitioner was not present in the Court due to his illness, hence he could not appear before this Court, thus, a sympathetic view be taken and the aforesaid

Patna High Court MJC No.1585 of 2022(3) dt.23-02-2024 2/2 petition be restored to its original file.

3.

Having regard to the facts and circumstances of the 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 proper to restore the aforesaid writ petition bearing CWJC No.3591 of 2019 to its original file. 4.

The present restoration petition stands allowed. (Mohit Kumar Shah, J) kanchan/- U