Brijnandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2207 of 2022 In Civil Writ Jurisdiction Case No.5167 of 2020 ====================================================== Brijnandan Singh S/o Late Jalim Singh R/o Village Jhitkahian, Post Sahila Balli, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Urban Development Housing Department, Government of Bihar, Patna.

2.

The Chairman, Bihar State Housing Board, Government of Bihar, Patna. 3.

The Secretary, Bihar State Housing Board, Government of Bihar, Patna. 4.

The District Magistrate, District- Patna.

5.

Senior Superintendent of Police, Patna.

6.

The SHO of Lohia Nagar Police Station, District- Patna. 7.

Smt. Nunwati Devi, W/o Sh. Hira Prasad Singh R/o Village Dhimoe, P.S.- Harnaut, District- Nalanda, Presently residing at Flat No.- 282, Block No.- 31, Ward No.- 3/14 (Old), 1966 (New), Defence Colony, Kankarbagh, Lohia Nagar, P.O.- Lohia Nagar, P.S.- Kankarbagh, District- Patna- 20. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Giri, Advocate For the Opposite Party/s :

Mr.Kinkar Kumar (SC-9) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-03-2024 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 5167 of 2020, which has stood dismissed for nonprosecution, by an order dated 11.10.2022. 2.

The learned counsel for the petitioner submits that on account of inadvertence the list could not be marked resulting in the counsel for the petitioner being not able to appear before this

Patna High Court MJC No.2207 of 2022(3) dt.01-03-2024 2/2 Court when the case was called out for hearing, hence, the aforesaid writ petition was dismissed for non-prosecution, thus a sympathetic view be taken and the aforesaid writ petition be restored to its original file.

3.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No. 5167 of 2020, to its original file.

4.

The present petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U