Patna High CourtMJC/117/2016allowed

Kishori Singh And ANR v. The State Of Bihar And ORS

2016-06-29Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.117 of 2016 In Civil Writ Jurisdiction Case No. 6081 of 2006 ======================================================

1. Kishori Singh

2. Amrendra Kumar Singh, both sons of late Chandradeo Singh, resident of village- Manjurahi, P.S. Aurangabad Muffasil, District- Aurangabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Additional Member Board of Revenue, Bihar, Patna.

3. The Additional Collector, Aurangabad

4. The Deputy Collector Land Reforms, Aurangabad.

5. Vijay Kumar Singh son of Late Shiv Nandan Singh

6. Amit Kumar Singh sonf of Vijay Kumar Singh

7. Pranti Devi wife of Vijay Kumar Singh

8. Sumit Kumar Singh son of Vijay Kumar Singh, all resident of Village Manjurahi, P.S. Aurangabad Muffasil, District Aurangabad. .... .... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh For the Opp. Party No.1 to 4 : Mr. Rajiv Kumar Singh, G.P. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-06-2016 Heard.

The present M.J.C. application has been filed on behalf of the writ petitioners seeking restoration of CWJC No. 6081 of 2006, which stood dismissed on account of non-compliance of Court's peremptory order dated 19.09.2013.

The learned counsel appearing on behalf of the petitioners submits that the aforesaid order dated 19.09.2013 was complied with by the petitioners on 16.12.2015 i.e. after delay of more than two years.

For the reasons disclosed in the present M.J.C. application, prayer for restoration is allowed. CWJC No. 6081 of 2006 is directed to be restored to its original file subject to deposit of costs of Rs. 2000/- (Rs. Two thousand) by the petitioners with

Patna High Court MJC No.117 of 2016 (2) dt.29-06-2016 2/2 the Patna High Court Legal Services Committee within a period of four weeks from today and further subject to verification of the claim of the petitioners that requisites etc. have been filed by the petitioners on 16.12.2015, but if the requisites etc. filed by the petitioners are not available/ traceable, then the petitioners must file fresh requisites as per order dated 19.09.2013, failing either of which the present M.J.C. application shall be construed to have been rejected on account of non-compliance of the Court's order. If the present order is complied with within the time prescribed, then CWJC No. 6081 of 2006 shall be restored to original file and shall be listed before an appropriate Bench, as per roster, under the appropriate heading, but it shall no longer be treated as part heard or tied up matter to this Bench. The present M.J.C. application is allowed, but with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U