Shyam Deo Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1162 of 2017 In Civil Writ Jurisdiction Case No. 3328 of 2017 ====================================================== Shyam Deo Rai, S/o Late Basawan Rai, Resident of Mohalla- Anishabad, Post Office Gali, P.S.- Gardanibag, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar through the Principle Secretary, Water Resource Department, Government of Bihar.

2. The Chief Engineer, Water Resource Department, Government of Bihar, Patna.

3. The Executive Engineer, Tirhut Nahar Division NO.- 1, Motihari.

4. The Accountant General, Bihar.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar, Advocate For the Respondent/s : Mr. Anjani Kumar - AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-06-2018 This application has been filed for restoration of CWJC No. 3328 of 2017 to its original file which stood dismissed for want of prosecution due to non-compliance of the preremptory order passed by this Court.

It is submitted that due to bona fide mistake and inadvertence of the counsel for the petitioner, the defect could not be removed on or before 10th March, 2017 as directed by this Court vide its order dated 3rd March, 2017. It is submitted that if

Patna High Court MJC No.1162 of 2017 (3) dt.20-06-2018 2/2 the writ petition is not restored, the same would cause great hardship to the petitioner for no fault of his own. Learned counsel for the State does not oppose the prayer for restoration of the writ petition.

Considering the submissions made above and the grounds stated in the application for restoration, the prayer is allowed. CWJC No. 3328 of 2017 is restored to its original file. (Ashwani Kumar Singh, J.) Kanchan/- U