Sadiq Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2785 of 2024 In Civil Writ Jurisdiction Case No.3226 of 2024 ====================================================== 1.
Sadiq Hussain son of Sabir Husain, Resident of Village - Raipatti, Ward no. - 10, P.O. and P.S. Dighwara, District - Saran at Chapra. 2.
Md. Aftab Alam, son of Asgar Ali, Resident of Village, P.O. and P.S.- Dighwara, District- Saran at Chapra.
3.
Pramod Kumar, son of Shankar Prasad, Resident of Village, P.O. and P.S.- Dighward, Nakti Devi Road, Ward No.- 15, District- Saran at Chapra. 4.
Mohammed Faizullah Kuraisy, S/o Mohammed Jakir Kuraisi, Resident of Village, P.O. and P.S.- Dighwara, District- Saran at Chapra. 5.
Daulati Devi, wife of Laxmi Narayan Prasad, Resident of VillageShankarpur Road, Dighwara, P.O. and P.S.- Dighwara, District- Saran. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The District Magistrate, Saran at Chapra.
3.
The Deputy Development Commissioner, Saran at Chapra. 4.
Zila Parishad Chapra, Saran through its Chairman. 5.
The Chief Executive Officer, Zila Parishad, Saran at Chapra. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Anand, Advocate For the Opposite Party/s :
Mr.Kamlesh Kishore, AC to SC-12 For Zila Parishad, Saran :
Mr.Nikesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2025
1. The present petition has been filed for restoring the writ petition, bearing CWJC No.3226 of 2024, which has stood dismissed on account of non compliance of the peremptory order dated 04.07.2024.
2. The learned counsel for the petitioners submits that though the defects have now been removed, however, on
Patna High Court MJC No.2785 of 2024(2) dt.28-02-2025 2/2 account of confusion regarding the period granted for removal of the defects, some delay has taken place in removal of the defects, hence a sympathetic view be taken and the aforesaid writ petition be restored.
3. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials on record, this Court deems it fit and proper to direct for restoration of the aforesaid writ petition, bearing CWJC No.3226 of 2024 to its original file, subject to the Registry verifying as to whether all the defects, pointed out by the Registry has stood removed or not.
4. The petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) Saurav/- U