Raj Kishor Lal v. Lalan Singh @ Lalan Prasad Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.109 of 2015 In Letters Patent Appeal No.1647 of 2014 ====================================================== Raj Kishor Lal, Son of Rameshwar Ram, Resident of Nai Bazar Mathiya Buxar, P.S.- Buxar Town, District- Buxar, the then Executive Officer, Nagar Parishad, Bhabhua at Kaimur and at present posted as Executive Officer, Nagar Parishad, Siwan, District- Siwan ... ... Petitioners

Versus

1.

Lalan Singh @ Lalan Prasad Singh, S/o Late Guptanath Singh, Resident of Village- Dumdum, P.S.- Bhabhua, District- Kaimur 2.

The State of Bihar 3.

Sri Arvind Kumar Singh, Collector, Kaimur at Bhabhua 4.

Sri Uma Shankar Sudhansu, Superintendent of Police, Kaimur, Bhabhua 5.

Sri Satyendra Kumar, S.D.O. Bhabhua, Kaimur 6.

The Board, Nagar Parishad, Bhabhua through its President. 7.

Sri Amardeo Singh, President, Nagar Parishad, Bhabhua 8.

Sri Amjad Ali, Up-Sabhapati, Nagar Parishad, Bhabhua, Kaimur 9.

Sri Bhudeo Das, Officer-in-Charge, Bhabua, Kaimur ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Malik, Adv.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 02-04-2019 Heard learned Counsel for the petitioner.

This application is filed for restoration of L.P.A. No. 1647 of 2014 which was dismissed for non-prosecution on the very first day i.e. on 16.12.2014.

Since the copy of the L.P.A. itself was never served on the other side, we do not find any necessity to put the

Patna High Court MJC No.109 of 2015(4) dt.02-04-2019 2/2 respondent on notice.

Having heard learned Counsel for the petitioner and having perused the reasons assigned, we are satisfied to recall our order dated 16.12.2014 and restore L.P.A. No. 1647 of 2014 to its file.

MJC No. 109 of 2015 is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) Archana/ Surendra/- U