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Patna High CourtMJC/2062/2023allowed

Kiran Devi Kejriwal v. The State Of Bihar Through Its Additional Chief Secretary

2023-10-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2062 of 2023 In Civil Writ Jurisdiction Case No.6032 of 2023 ====================================================== Kiran Devi Kejriwal Wife of Late Premnath Kejriwal, Resident of Village/Mohalla - Shivaji Colony, P.S. - K.Haat, District - Purnea, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Additional Chief Secretary Urban Development Department.

2.

The District Magistrate, Purnea.

3.

The Purnea Municipal Corporation, through its Municipal Commissioner, Purnea.

4.

The Municipal Commissioner, Purnea.

5.

The Circle Officer, Purnea East, Purnea.

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

For the Petitioner/s :

Mr.Avinash Kumar Singh, Advocate For the State :

Mr. Indeshwari Prasad Mandal, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-10-2023 1.

The present petition has been filed for restoration of a writ petition bearing CWJC No.6032 of 2023, which has stood dismissed on account of non-prosecution by an order dated 04.07.2023.

2.

The learned counsel for the petitioner has submitted that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid petition was dismissed on account of non- prosecution.

3.

Having regard to the facts and circumstances of the

Patna High Court MJC No.2062 of 2023(3) dt.13-10-2023 2/2 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.6032 of 2023 to its original file. 4.

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