Sita Ram Yadav, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13339 of 2024 ====================================================== Sita Ram Yadav, Son of Late Saryug Yadav, Resident of Gangauli, P.OSakhmohan, PS.- Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The District Magistrate, Samastipur.

3.

The Additional District Magistrate, Samastipur. 4.

The Block Development Officer, Bibhutipur, Samastipur. 5.

The Circle Officer, Bibhutipur, Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rambabu Yadav, Adv.

For the Resp-State :

Mr. Ashutosh Kumar Upadhyay, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-09-2024 Heard the parties.

2. The petitioner by invoking the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, has preferred the present writ petition seeking quashing of the order dated 20.06.2023 passed by the Collector, Samastipur, whereby and whereunder Basgit Parcha Revision (PUNRIKSHAN) Case no. 70 of 2016 of the petitioner stood dismissed on account of non-prosecution.

3. Learned counsel for the petitioner urged before this Court that the afore-noted revision case was instituted way back in the year 2016 and since then the petitioner has been pursuing his case bonafidely. However, on account of non-

Patna High Court CWJC No.13339 of 2024(2) dt.05-09-2024 2/2 communication on the part of the concerned lawyer, no representation could be made on behalf of the petitioner, which resulted into dismissal of the revision case for non-prosecution. It is further contended that if the revision case is not to be restored and decided on merit, serious prejudice shall be caused to the petitioner.

4. Learned counsel for the State is also of the view that the matter ought to be finally adjudicated.

5. Having heard the learned counsels for the respective parties, this Court deems it fit and proper for the ends of justice to set aside the order dated 20.06.2023 passed by the Collector, Samastipur in Basgit Parcha Revision (PUNRIKSHAN) Case no. 70 of 2016 and relegated the matter to the Collector, Samastipur to restore it and bring it to its logical conclusion, preferably within a period of four months from today after giving proper opportunity of hearing to all the stakeholders.

6. The writ petition stands disposed of with the aforesaid direction.

(Harish Kumar, J) rohit/- U