Mahesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4321 of 2016 IN Civil Writ Jurisdiction Case No. 202 of 2016 =========================================================== Mahesh Kumar, son of Late Shivdhari Singh, resident of village - Udaini, P.O. Mitanchak, P.S. Gopalpur, District - Patna .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Patna

3. The Sub - Divisional Officer, Patna Sadar, Patna

4. The Circle Officer, Sampatchak Block, District - Patna

5. The Block Development Officer, Block Sampatchak, Patna, District - Patna

6. Surendra Manjhi @ Hari Manjhi, Son of Late Nank Manjhi

7. Dulari Devi, D/o Late Nank Manjhi,

8. Pati Manjhi, Son of Bidesi Manjhi,

9. Laxu Manjhi, S/o Pati Manjhi,

10. Shiv Manjhi, S/o Pati Manjhi,

11. Kundan Manjhi, S/o Late Rameshwar Manjhi,

12. Chote Manjhi, S/o Laxu Manjhi, All 6 to 12 are resident of village - Udaini, P.O. Mithanchak, P.S. Gopalpur, District - Patna .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner : Mr. Abhay Kumar, Advocate For Opposite Parties : Mr. Md. Khurshid Alam, AAG 12 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE VIKASH JAIN) Date: 05-05-2017 Heard learned counsel for the petitioner and learned counsel for the opposite parties.

2. The present petition has been filed for restoration of CWJC No. 202 of 2016 which stood dismissed for non-compliance of the order dated 27.10.2016 passed by a Division Bench of this Court.

3. Learned counsel for the petitioner submits that by order

Patna High Court MJC No.4321 of 2016 dt.05-05-2017 2/2 dated 27.10.2016, the petitioner was required, inter alia, to furnish complete memo of parties and fresh notices were directed to be issued to respondent nos. 9 and 11. By subsequent order dated 22.11.2016, the petitioner was permitted two days' time for the needful. Thereafter by order dated 29.11.2016, in view of the petitioner having not furnished the requisites in terms of the order dated 27.10.2016, the writ petition was dismissed for non-prosecution.

4. For the reasons stated in the restoration petition, the prayer for restoration is allowed and CWJC No. 202 of 2016 is restored to its original file.

5. This MJC petition stands disposed of.

(Dr. Ravi Ranjan, J) (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 18.05.2017 Transmission Date B.T/- N.A.