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Patna High CourtMJC/166/2015allowed

Anita Devi v. The State Of Bihar And ORS

2017-07-12Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 166 of 2015 In Miscellaneous Jurisdiction Case No. 4083 of 2014 (Arising out of Civil Writ Jurisdiction Case No. 285 of 2014) ====================================================== Anita Devi .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha For the Opp. Party/s : A.C. to P.A.A.G.-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

12-07-2017 Sri Ratnakar Jha, learned counsel for the petitioner, in presence of learned A.C. to Principal Addl. Advocate General - 2, submits that due to inadvertence, some error has occurred in the petition and instead of making prayer for restoration of "M.J.C. No. 4083 of 2014", it has incorrectly been typed as "C.W.J.C. No. 285 of 2014". Accordingly, he makes a prayer for making correction to this effect in the present petition. The prayer is allowed. It may be done in course of the day.

By way of referring to fact disclosed in the petition, learned counsel for the petitioner submits that due to inadvertence of his clerk, the case was not marked in the daily cause list and this was the reason for non-appearance and as such, the contempt

Patna High Court MJC No.166 of 2015 (5) dt.12-07-2017 2/2 petition i.e. M.J.C. No. 4083 of 2014 dismissed on 09-01-2015 due to non-prosecution.

Considering the facts and circumstances, the petition is allowed.

Let M.J.C. No. 4083 of 2014 be restored to its original file.

(Rakesh Kumar, J.) Anay U