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Patna High CourtMJC/2981/2019disposed

Prof. Dr. Shree Niwas Dubey v. The State Of Bihar

2023-04-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2981 of 2019 In Miscellaneous Jurisdiction Case No.1639 of 2019 ====================================================== Prof. Dr. Shree Niwas Dubey Son of Ram Bachan Dubey, Resident of 402 Duplex 7th Phase, Baridiah Colony, East Singhbhum, District- Jamshedpur, State- Jharkhand, Pin- 831017.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Higher Education, Govt of Bihar, Patna.

2.

The Director, Higher Education, Govt. of Bihar, Patna. 3.

The Finance Officer, Higher Education Department, Govt. of Bihar, Patna. 4.

The Jai Prakash University, Chapra through its Registrar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Tiwary For the Opposite Party/s :

Mr.Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-04-2023 The present petition has been filed for restoration of a restoration petition bearing MJC No. 1639 of 2019, which had stood dismissed on account of non-compliance of the peremptory order dated 15.5.2019.

The learned counsel for the petitioner submits that on account of certain personal difficulties, the defects could not be removed within time, leading to dismissal of the aforesaid restoration petition, nonetheless, a sympathetic view be taken and the aforesaid restoration petition be restored to its original file, especially considering the fact that the petitioner undertakes to remove the defects, as pointed out by the registry, within a

Patna High Court MJC No.2981 of 2019(4) dt.19-04-2023 2/2 period of four weeks from today.

Having regard to the facts and circumstances of the case and considering the averments made in the present restoration petition, I deem it fit and proper to allow the present restoration petition and direct for restoration of the aforesaid petition bearing MJC No. 1639 of 2019 to its original file, subject to removal of defects within a period of four weeks from today.

The restoration petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U