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Patna High CourtMJC/188/2015allowed

Sheo Shankar Singh And ORS v. The State Of Bihar And ORS

2016-02-24Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.188 of 2015 In Civil Writ Jurisdiction Case No. 3519 of 1997 ======================================================

1. Sheo Shankar Singh son of late Raja Ahir.

2. Mahanth Ahir, son of late Rajgrih Ahir

3. Sheo Prasad Ahir son of late Raja Ahir ( Expunged vide order dated 27.01.2016 and substituted by his following heirs and legal representatives:

(A) Gupteshwar Yadav (B) Bhirugnath Yadav, both sons of late Sheo Prasad Ahir, all residents of village Mangpa, P.O. Nachap, P.S. Dumraon, District Bhojpur, now Buxar.

.... .... Petitioner/s

Versus

1. Director of Consolidation, Bihar, Patna.

2. Deputy Director of Consolidation, Bhojpur, now Buxar.

3. Consolidation Officer, Dumaraon, Distt. Bhojpur, now Buxar.

4. Devendra Rai son of late Ram Raj Rai (Expunged vide order dated 27.01.2016 and substituted by his following heirs and legal representatives:) A. Banshi Singh son of late Devendra Rai

5. Surendra Rai, son of late Ram Raj Rai.

6. Jairam Rai son of late Kailash Rai.

7. Bachacha Ji Rai son of late Rm Raj Rai.

8. (i) Triveni Rai (ii)Shashi Kant Singh, Both sons of Late Janardhan Rai, all resident of village Mangapa, P.S. + District Buxar.

9. Jag Narain Ahir son of Dhanraj Ahir, resident of village Mangapa, P.S. Dumraon, District Buxar.

.... .... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Girjanand Prasad For the Opp. Party No. 1 to 3 : Mr. Kamlesh Kishore, AC to GP-2 For the Private Opp. Parties : Mr. Jitendra Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 24-02-2016 Heard the parties.

The present M.J.C. application has been filed on behalf of the petitioners for restoration of C.W.J.C. No. 3519 of 1997, which stood dismissed on account of non-compliance of the Court's peremptory order dated 03.09.2013.

After having heard the parties and for the reasons

Patna High Court MJC No.188 of 2015 (8) dt.24-02-2016 2/2 disclosed in the present M.J.C. application, the prayer for restoration is allowed. C.W.J.C. No. 3519 of 1997 is directed to be restored to its original file.

Opposite Party No.9 herein is the respondent no. 9 in the writ petition, who has already appeared through his counsel. Now, the opposite party no. 9 shall be deemed to have appeared in the writ petition also and shall be at liberty to file a counter-affidavit, if not already filed, within two months from today. No fresh notice is required to be issued to him in the writ petition. The present application stands finally allowed to the extent indicated above.

Now, the matter shall be listed under the appropriate heading before an appropriate Bench, as per roster, after obtaining necessary permission from Hon'ble the Chief Justice. (Birendra Prasad Verma, J) BTiwary/- U