M/S Ramay Enterprises v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2340 of 2023 In Civil Writ Jurisdiction Case No.13010 of 2016 ====================================================== M/s Ramay Enterprises through its Managing Partner Birendra Singh, aged about 75 Years, (Male), Son of Late Mohan Singh, Resident of Khiriawan Bhawan Piparpati New Area, Gaya, P.S. - Kotwali, District - Gaya. ... ... Petitioner/s

Versus

1.

The Union of India through the Divisional Railway Manager, Eastern Central Railway, Danapur.

2.

The Divisional Railway Manager, Eastern Central Railway Danapur. 3.

The Divisional Engineer I Eastern Central Railway, Danapur. 4.

The Divisional Finance Manager/Senior Accounts Officer Eastern Central Railway, Danapur.

5.

The Sectional Engineer Rail Path Eastern Central Railway, Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Prasad, Advocate For the UOI :

Mr. Ram Anurag Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2024 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 13010 of 2016, which has stood dismissed for default on account of non-compliance of the peremptory order dated 17.12.2018.

2.

The learned counsel for the petitioner submits that on account of him having suffered a heart attack as also being unwell all throughout the COVID-19 pandemic period, the peremptory order dated 17.12.2018 could not be complied with leading

Patna High Court MJC No.2340 of 2023(2) dt.19-07-2024 2/2 to dismissal of the aforesaid writ petition for default. However, it is submitted that the petitioner undertakes to comply with the aforesaid peremptory order dated 17.12.2018, within a period of four weeks from today, hence a sympathetic view be taken and the aforesaid writ petition be restored to its original file.

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 appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No. 13010 of 2016 to its original file, subject to compliance of the peremptory order dated 17.12.2018, within a period of four weeks from today.

4.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U