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Patna High CourtMJC/4234/2014disposed

Munni Lal v. The State Of Bihar And ORS

2015-08-26Mr. Justice Birendra Prasad Verma1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4234 of 2014 In Civil Writ Jurisdiction Case No. 4874 of 2014 ====================================================== Munni Lal Son of Late Jaylal Mahto, resident of Village - Jamalpur, P.S. - Athamalgola, Distt. - Patna presently residing at Village - Jalgobind, P.S. - Barh, Dist. - Patna rr.... .... Petitioner/s

Versus

The State of Bihar through Principal Secretary, General Administration Department, Government of Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate For the Opp.Parties/s : Mr. Ajeet Pratap Singh, SC15 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------- 26-08-2015 Heard.

The present application has been filed for restoration of CWJC No. 4874 of 2014 which stood dismissed for want of prosecution by order dated 10.09.2014.

In the facts and circumstances of the case, this Court is of the opinion that the interest of justice shall be subserved if the petitioner is granted liberty to file a fresh writ petition in the same subject matter after bringing on record all the subsequent developments which might have been taken place during the interregnum period. It is ordered accordingly. If such a writ petition is filed within a period of one month from today, the same shall be considered and decided on its own merit and shall not be dismissed on the ground of res judicata. The present MJC application thus stands disposed of. (Birendra Prasad Verma, J) Tahir/- U