Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1989 of 2022 In Civil Writ Jurisdiction Case No.15521 of 2021 ====================================================== 1.

Ashok Kumar Son of Late Ram Lakhan Lal Resident of Village- Wena, Post- Wena, Police Station- Wena, District- Nalanda. 2.

Ramanand Prasad, Son of Late Harbansi Lal Resident of Village- Wena, Post- Wena, Police Station- Wena, District- Nalanda. 3.

Ram Singh, Son of Late Lakhan Ram Resident of Village- Wena, PostWena, Police Station- Wena, District- Nalanda. 4.

Prabhat Kiran, Son of Vijay Kumar Resident of Village- Wena, Post- Wena, Police Station- Wena, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Samaharnalaya, Biharsharif, Nalanda.

2.

The District Acquisition Officer, Samaharnalaya, Nalanda. 3.

The Regional Officer, National Highway Authority of India, D-63, S.K. Puri, Rajesh Khanna Path, Patna-800001.

4.

The Executive Engineer, National Highway Division No.- 2, Biharsharif, Nalanda, Bihar.

5.

The Chief Executive Officer, Old Jail Road, Zila Parishad, Bihar Sharif, Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Das, Advocate For the Opposite Party/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-05-2023 The present petition has been filed for restoration of a writ petition bearing CWJC No.15521 of 2021, which has stood dismissed on account of non-prosecution vide order dated 20.07.2022.

The learned counsel for the petitioners submits that the counsel for the petitioners could not appear before this Court

Patna High Court MJC No.1989 of 2022(2) dt.10-05-2023 2/2 when the aforesaid writ petition was called out for hearing since he was ill, hence a sympathetic view be taken and the aforesaid writ petition be restored to its original file. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners 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 CWJC No.15521 of 2021 to its original file.

The present petition stands allowed.

(Mohit Kumar Shah, J) kanchan/Saurav U