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Patna High CourtMJC/2265/2023allowed

Rubi Kumari v. The State Of Bihar

2024-07-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2265 of 2023 In Civil Writ Jurisdiction Case No.17268 of 2014 ====================================================== Rubi Kumari Wife of Naresh Yadav, Resident of Simraha Sampurna Tola Dhamsena, Gram Panchayat Sahuriya West, Under Block Saur Bazar, Police Station Saur Bazar, District - Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Saharsa.

3.

The regional Development Officer, Koshi Range Saharsa. 4.

The District Program Officer, Saharsa.

5.

The District Welfare Officer, Saharsa.

6.

The Child Development Project Officer, Block Saur Bazar, District Saharsa. 7.

The Anganwari Sevika namely Sudha Kumari, wife of Jawahar Yadav, Anganwari Centre No. 145, Tola Dhamsena, Gram Panchayat Sahuriya West, Under Block Saur Bazar, Police Station Saur Bazar, District - Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Gyan Prakash Ojha (GA- 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-07-2024

1. The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No.17268 of 2014, which has stood dismissed for want of prosecution vide order dated 26.07.2023.

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

Patna High Court MJC No.2265 of 2023(3) dt.05-07-2024 2/2 want of prosecution, thus a sympathetic view be taken and the 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. 17268 of 2014 to its original file.

4. The present petition stands allowed.

(Mohit Kumar Shah, J) sonal/- U