Shivdani Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2271 of 2023 In Civil Writ Jurisdiction Case No.25605 of 2013 ====================================================== 1.
Shivdani Kumar Son of Late Mahendra Prasad, resident of Village and Post office- Bhokilapur, Police Station- Hilsa, District- Nalanda. 2.
Mostt. Ghar Suhavant Devi, Wife of Late Mahendra Prasad resident of Village and Post office- Bhokilapur, Police Station- Hilsa, District- Nalanda. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna.
2.
The Inspector General of Prison Home, Patna.
3.
The District Magistrate-cum-Chairman, District- Compassionate Appointment Committee, Nalanda at Biharshariff. 4.
The Sub-Divisional Officer, Hilsa, Nalanda.
5.
The Superintendent Sub- Jail, Hilsa, Nalanda. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Shekhar, Advocate For the Opposite Party/s :
Mr.Prabhat Kumar Verma(Aag 3) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-09-2023 1.
The present petition has been filed for restoration of a writ petition bearing CWJC No.25605 of 2013, which has stood dismissed on account of non-prosecution by an order dated 12.07.2023.
2.
The learned counsel for the petitioners has submitted that since the counsel for the petitioners was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid petition was dismissed on
Patna High Court MJC No.2271 of 2023(2) dt.15-09-2023 2/2 account of non- prosecution.
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 proper to restore the aforesaid writ petition bearing CWJC No.25605 of 2013 to its original file.
4.
The present restoration petition stands allowed. (Mohit Kumar Shah, J) kanchan/- U