Raj Kishore Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.926 of 2018 Arising out of Civil Writ Jurisdiction Case No.18165 of 2014 ====================================================== Raj Kishore Singh, S/o Late Shivdhari Singh, Resident of VillageChhabilatar, P.O.- Lemunabad, Via Pandarak, P.S.- Pandarak, District- Patna, Retd. Head Clerk, Flood Control and Design Circle, Anishabad, Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Chief Engineer, Irrigation and Design Department, Patna. 3.

The Superintending Engineer, Flood Control and Design Circle, Anishabad, Patna- 2.

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

For the Petitioner/s :

Mr.

For the State :

Mr. Sita Ram Yadav, GP-16 with Mr. Jitendra Kumar, AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-11-2022 Nobody appears on behalf of the petitioner.

2. Mr. Jitendra Kumar, learned AC to GP-16 for the State is present.

3. The present case has been filed for recall of order dated 13.03.2018 passed in CWJC No. 18165 of 2014 by which the case was dismissed for non-prosecution.

4. From perusal of the petition, it transpires that the learned counsel for the petitioner was in Court in the 1st half but the matter was not taken up and in the 2nd half on 13.03.2018, when the matter was taken up, as he was not feeling well, he had

Patna High Court MJC No.926 of 2018 dt.02-11-2022 2/2 requested his colleague to make a prayer for adjournment but inadvertently, it could not be done.

5. Having regard to the fact that the case was dismissed on 13.03.2018 and the present case has been filed on 22.03.2018, i.e., within eight days, the Court is inclined to allow the prayer.

6. Accordingly, the order dated 13.03.2018 passed in CWJC No. 18165 of 2014 stands recalled and the case is restored to its original file and number.

7. The petition stands disposed of.

(Ahsanuddin Amanullah, J) P. Kumar AFR/NAFR U T