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Patna High CourtMJC/937/2016allowed

Bishwanath Prasad Jaiswal v. The Bihar State Religious Trust Board Through The Special Officer And ORS

2016-08-31Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.937 of 2016 In Miscellaneous Jurisdiction Case No. 4352 of 2013 ====================================================== Bishwanath Prasad Jaiswal, Son of late Sri Badri Lal Chaudhary, Resident of Mohalla- Salempur, P.S- Barh, District- Patna. .... .... Petitioner/s

Versus

1. The Bihar State Religious Trust Board through the Special officer Vidyapati marg Patna. .....(Defendant 1st Party).

2. Bhola Prasad Jaiswal

3. Kiran Kumar Jaiswal

4. Smt. Shanti Devi

5. Smt. Shail Kumari All sons and daughter of Late Anutha Lall Chaudhary of Mohalla- Salempur, P.S.- Barh, District- Patna, Sl. No.4 wife of Sri Ram Chandra Prasad Jaiswal of Keshoraika Ghat, P.S.- Patna City, District- Patna and Sl. No.5 wife of Kamleshwar Prasad Jaiswal of Village and P.S. Patori, District- Vaishali. .... (Defendant 3rd Party)

6. Smt. Sharda Devi wife of Sri Ramendra Pd. Jaiswal of Anandkuti, Thetheri Bazar Buxar. ...........(Defendant 4th Party)

7. Ashok Kumar Gupta

8. Dilip Kumar Gupta

9. Sudhir Kumar Gupta

10. Pradeep Kumar Gupta Opp. Party Nos.7 to 10 are sons of late Kedar Nath Gupta, Resident of Niras Bazar, P.S- Niras, District- Dhanbad.

11. Roshan Kumar Gupta, son of late Rameshwar Pd. Gupta.

12. Nirmala Devi, Wife of late Rameshwar Pd. Gupta Opp. Party Nos. 11 and 12 are Resident of Bus Stand, Bokaro, Dhanbad.

13. Manju Kuamri Gupta, Wife of Ram Kumar Gupta, resident of Durgapur West Bengal.

14. Anju Kumari Gupta, Wife of Ashik Kumar Gupta, Madhupur, P.SMadhupur, District- Santhal, Pargana Dumka. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ansul For the Opp. Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 31-08-2016 This application has been filed for restoration of CWJC No.10135 of 2012 which has been dismissed for noncompliance of the order dated 22.6.2012, whereby the petitioner

Patna High Court MJC No.937 of 2016 (3) dt.31-08-2016 was granted two weeks' time to remove the defects pointed out by the office. Since the order was peremptory in nature and was not complied with, the writ petition was dismissed. Learned counsel for the petitioner submits that of the defects so pointed out by the office, he has removed most of the defects while some are remaining and for which he prays for two weeks' time.

Having heard learned counsel for the parties and on consideration of the reasons so assigned, the peremptory period granted under the order dated 22.6.2012 in CWJC No.10135 of 2012 stands extended by further four weeks from today and should the petitioner remove the pending defects within next four weeks from today that CWJC No.10135 of 2012 shall stand restored to its original file failing which this order shall stand recalled.

This restoration application is allowed subject to the stipulation aforementioned.

(Jyoti Saran, J) SKPathak/- U