Patna High CourtMJC/158/2014disposed

Deo Narayan Mehta v. The State Of Bihar And ORS

2017-10-04Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.158 of 2014 Arising out of Civil Writ Jurisdiction Case No. 6900 of 2011 =========================================================== Deo Narayan Mehta son of Shri Prem Lal Mehta, resident of Village Rampur, P.O. Sanskrit Nirmali, P.S. Basantpur, District Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar through the Director of Human Resources Department, Bihar, Patna.

2. The District Magistrate, Supaul.

3. The District Superintendent of Education, Supaul

4. The Sub Divisional Officer, Supaul.

5. The Block Development Officer, Block Basantpur, District Supaul.

6. The Block Education Extension Officer, Block Basantpur, District Supaul

7. The Headmaster, Utkramit Middle School, Rampur, Block Basantpur, District Supaul.

8. The Panchayat Secretary, Nirmali Gram Panchayat, Block Basantpur, District Supaul.

9. The Mukhiya, Nirmali Gram Panchayat, Block Basantpur, District Supaul. .... .... Opp. Party/s =========================================================== Appearance :

For the Petitioner/s :

For the Opp. Party/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 04-10-2017 Heard learned counsel for the petitioner.

2. The present application has been filed seeking restoration of C.W.J.C. 6900 of 2011 which stood dismissed for noncompliance of order dated 27.07.2011.

Patna High Court MJC No.158 of 2014 dt.04-10-2017 2 / 2

3. Learned counsel for the petitioner submitted that notice was issued on respondents no. 7 to 9 for which one week time was granted to file requisites etc. However, due to inadvertence, the same was filed one day later, i.e., on 04.08.2011 due to which the application stood dismissed.

4. Having considered the matter, the Court finds that there was no deliberate or wilful laches on the part of the petitioner and that sufficient cause has been shown.

5. Accordingly, the order dated 27.07.2011 passed in C.W.J.C. 6900 of 2011 stands modified to the extent that time given for filing of requisites etc. for issuance of notice on respondents no. 7 to 9 stands extended to 04.08.2011 and C.W.J.C. 6900 of 2011 stands restored to its original file and number.

6. Registry shall now issue notice to the respondents no. 7 to 9 on the basis of requisites already filed on 04.08.2011.

7. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U