Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 396 of 2021 In Letters Patent Appeal No.1229 of 2013 ====================================================== Sunil Kumar Singh, Son of Late Shyam Bihari Singh, Resident of 104A, Sagar Apartment, Khajepura, Post Office - B.V. College, Police Station - Shastri Nagar, Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Agricultural Production Commissioner State of Bihar, New Secretariat, Patna 3.

The Chairman Bureau of Police Enterprises Finance Department, Patna, Bihar. 4.

Bihar Rajya Beej Nigam Ltd., Mithapur Agriculture Farm Campus, Mithapur, Patna Through its Managing Director.

5.

The Managing Director, Bihar Rajya Beej Nigam Ltd., Mithapur Agriculture Farm Campus, Mithapur, Patna.

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

For the Petitioner/s :

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

Mr. Raghwanand, GA11 Mr. Prabhat Kumar, AC to GA 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 04-10-2023 Re: I.A. No. 2 of 2023 in MJC No. 396 of 2021. Instant application has been filed for condonation of delay in filing the present MJC for restoration of LPA. There is delay of 01 year 10 months and 26 days.

2. For the reasons stated in the application and affidavit read with paragraph no.6, we are satisfied with reasons to condone the delay in filing the present MJC for restoration of LPA.

3. Accordingly, I.A. No. 02 of 2023 stands allowed. Re: MJC 396 of 2021.

4. Heard learned counsel for the respective parties.

5. The instant MJC (restoration application) is filed

Patna High Court MJC No. 396 of 2021(4) dt.04-10-2023 2/2 for restoration of LPA No. 1229 of 2013 which was dismissed for non-prosecution on 21.03.2018.

6. For the reasons stated in the application and affidavit, order dated 21.03.2018 passed in LPA No. 1229 of 2013 stands set aside while restoring the LPA No. 1229 of 2013.

7. Accordingly, the present MJC stands allowed.

8. Registry is hereby directed to list the LPA No. 1229 of 2013 before the Roster Bench. Petitioner to pay cost of a sum of Rs. 2,000/- in the Patna High Court Legal Service Authority within a period of four weeks.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) Balmukund/- Ashish/- U