Baijnath Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1791 of 2022 In Civil Writ Jurisdiction Case No.8749 of 2018 ====================================================== Baijnath Mehta son of Late Baldev Mehta, Resident of Village-Jhiktia, Panchayat-Makhdumpur, Block and P.S.-Korha, District-Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Collector, Katihar.

3.

The Superintendent of Police, Katihar.

4.

The Sub Divisional Magistrate, Katihar, District-Katihar. 5.

The Circle Officer, Korha Block, District-Katihar. 6.

The Station House Officer, Korha Police Station, District-Katihar. 7.

Sri Jagdev Ravidas, The Mukhiya, Makhdumpur Panchayat, Block and Police Station-Korha, District-Katihar.

8.

Sri Sikandar Ravidas, the Sarpanch, Makhdumpur Panchayat, Block and Police Station-Korha, District-Katihar.

9.

Sri Arvind Mehta, son of Sri Bharat Mehta, Member of Bishahari Asthan Temple, Resident of Village-Jhiktia, Panchayat-Makhdumpur, Block and Police Station-Korha, District-Katihar.

10.

Sri Mritunjay Kumar Singh, son of Late Rameshwar Prasad, Secretary of Bishahari Asthan Temple, Resident of Village-Jhiktia, PanchayatMakhdumpur, Block and Police Station-Korha, District-Katihar. 11.

Sri Vivekanand Singh, son of Late Rameshwar Prasad Singh, Member of Bishahari Asthan Temple, Resident of Village-Jhiktia, PanchayatMakhdumpur, Block and Police Station-Korha, District-Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indu Bhushan, Advocate For the Opposite Party/s :

Mr.Md. Khurshid Alam (AAG 12) :

Mr. Arun Kr. Bhagat, AC to AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-03-2023 Heard the learned counsel for the parties.

The present petition has been filed for restoration of a writ petition bearing C.W.J.C. no. 8749 of 2018, which has stood dismissed on account of non- prosecution vide order dated

Patna High Court MJC No.1791 of 2022(2) dt.15-03-2023 2/2 08.08.2022.

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 on account of non- prosecution.

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. 8749 of 2018 to its original file.

The present petition stands allowed.

(Mohit Kumar Shah, J) rinkee/- U