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Patna High CourtMJC/651/2014dismissed

Ajeet Kumar Singh v. The State Of Bihar And ORS

2017-08-30The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.651 of 2014 In Civil Writ Jurisdiction Case No.5465 of 2004 ====================================================== AJEET KUMAR SINGH S/O LATE RAMNARESH SINGH RESIDENT OF VILLAGE AND P.O. MUNJI, P.S. KARAKAT (GORARI), DISTRICT ROHTAS.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna.

2.

The D.G. Of Police, Bihar, Patna.

3.

The D.I.G. Of Police, Bihar, Patna.

4.

The Commandant, B.M.P. 18, Bodh Gaya.

5.

The Commandant, B.M.P. 13, Darbhanga.

6.

The Commandant, B.M.P. 6, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar Barnwal, Advocate For the Respondent/s :

Mr. Jai Shankar Barnawal, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 30-08-2017 This application has been filed for modification/restoration of an order dated 24.8.2009 in C.W.J.C. No.5465 of 2004. The said writ petition was filed by the father of the petitioner challenging certain order passed by the departmental authority removing him from service on 18.9.2003. Father of the petitioner passed away in 2004 and when nothing was done for a period of more than five years, the writ petition was dismissed on account of the death of the sole petitioner. It is the case of the petitioner that the petitioner was a minor at that point of time. He was not aware of the

Patna High Court MJC No.651 of 2014 dt.30-08-2017 2/2 pendency of the matter. It was only in the year 2013 that he came to know that his father had filed some petition and seeking restoration of the petition now, challenging his removal, this application has been filed for modification/restoration of the application.

Keeping in view the facts that after the death of the original petitioner in the year 2004 nothing was done for a period of five years and on such consideration the writ petition was dismissed, now at the instance of the petitioner, after such a long period of time, I am not inclined to allow the prayer for modification.

The application is dismissed.

(Rajendra Menon, CJ) K.C.Jha/- AFR/NAFR NAFR CAV DATE Uploading Date 6.9.2017 Transmission Date