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Patna High CourtMJC/1595/2022allowed

Jagdeo Prasad Yadav v. The State Of Bihar

2022-10-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1595 of 2022 In Civil Writ Jurisdiction Case No.4424 of 2019 ====================================================== 1.

Jagdeo Prasad Yadav Son of Late Bhital Prasad Yadav, aged about 63 Years, Gender- Male, Resident of Trimurty Niwas, Ward No- 1, Post OfficeMadhepura, Police Station- Madhepura, District- Madhepura- 852113. 2.

Kumari Sadhana Suman, Wife of Omkar Prasad Yadav, Village and Post Office- Sapardah, Police Station- Purainji, District- Madhepura- 852113. 3.

Sri Upendra Narayan Hazara, Son of Jai Krishna Hazara, Ward No- 1, Post Office- Madhepura, Police Station- Madhepura, District- Madhepura852113. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The District Magistrate- Madhepura, Post Office- Madhepura, Police Station- Madhepura, District- Madhepura- 852113. 3.

The Circle Officer- Madhepura, Post Office and Police Station- Madhepura, District- Madhepura- 852113.

4.

Professor Bhupendra Narayan Yadav @ Bhupendra Madhepuri, Son of Late Natho Mandal, Azad Tola, Post Office and Police Station- Madhepura, District- Madhepura- 852113.

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

For the Petitioner/s :

Mr.Shyamal Krishna Sinha, Advocate For the Opposite Party/s :

Mr.Md. Khurshid Alam (AAG- 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-10-2022 Defect No. 49, as pointed out by the Registry is ignored.

The present petition has been filed for restoration of a writ petition bearing CWJC No. 4424 of 2019, which has stood dismissed on account of non-prosecution by an order dated 28.06.2022.

The learned counsel for the petitioners has submitted

Patna High Court MJC No.1595 of 2022(3) dt.12-10-2022 2/2 that on account of inadvertence, the counsel for the petitioners could not appear on the day, the case was called out for hearing, hence some sympathy be shown and the case be restored. Having regard to the facts and circumstances of the case and considering the averments made in the present petition, I deem it fit and proper to restore the writ petition bearing CWJC No. 4424 of 2019 to its original file.

The petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U