Ashutosh Aman Adhikari v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4149 of 2016 In Civil Writ Jurisdiction Case No. 12630 of 2011 ====================================================== Ashutosh Aman Adhikari .... .... Petitioner/s

Versus

The Union of India & Ors .... .... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh For the Respondent/s : Mr. Rupak Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-04-2017 Heard Sri Ajit Kumar Singh, learned counsel for the petitioner and Sri Rupak Kumar, learned counsel appearing on behalf of Opp.Party nos. 3 to 7/Bank of India. The present petition has been filed with a prayer to restore C.W.J.C.No 12630 of 2011, which stood dismissed on 10.03.2016 due to non-prosecution.

Learned counsel for the petitioner, by way of referring to the facts disclosed in the petition, submits that there was bona fide reason for non-appearance on the date, when the case was dismissed due to non-prosecution. However, Sri Rupak Kumar, learned counsel for Opp.Parties submits that the writ petition is itself not maintainable due to lack of territorial jurisdiction.

Be that as it may, the point raised can be considered

Patna High Court MJC No.4149 of 2016 (3) dt.19-04-2017 2/2 at the time of hearing of the writ petition. However, considering the ground set forth in the petition, same is allowed. Let C.W.J.C.No.12630 of 2011 be restored to its original file.

(Rakesh Kumar, J) NKS/- U