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Patna High CourtMJC/2165/2023allowed

Md. Equbal Ahmad Alias Md. Eqbal Ahmad v. The State Of Bihar

2024-05-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2165 of 2023 In Civil Writ Jurisdiction Case No.5853 of 2014 ====================================================== Md. Equbal Ahmad alias Md. Eqbal Ahmad Son of late Abdul Aziz, Resident of Mohalla-Hazi Subhan, P.O.- Purab Sarai, Police Station - Kotwali, DistrictMunger. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Home(Police) Department, Government of Bihar, Patna.

3.

The Collector-cum-District Magistrate, Munger. 4.

The Additional Collector, Munger.

5.

The Sub-Registrar, Munger.

6.

The Circle Officer, Sadar Munger.

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

For the Petitioner/s :

Mr.Shanti Pratap, Advocate For the Opposite Party/s :

Mr.Prabhat Kumar Verma(Aag 3) Ms.Divya Verma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-05-2024

1. The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No.5853 of 2014, which has stood dismissed for non-prosecution vide order dated 18.07.2023.

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 writ petition was dismissed for want of prosecution, thus a sympathetic view be taken and the

Patna High Court MJC No.2165 of 2023(3) dt.17-05-2024 2/2 aforesaid writ petition be restored to its original file.

3. Having regard to the facts and circumstances of the 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 appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No.5853 of 2014 to its original file.

4. The present petition stands allowed.

(Mohit Kumar Shah, J) Saurav/- U