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Patna High CourtMJC/2350/2021allowed

Arvind Kumar v. The State Of Bihar

2023-04-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 2350 of 2021 In Miscellaneous Jurisdiction Case No.3388 of 2019 ====================================================== 1.

Arvind Kumar Son of Late Gauri Shankar Sharma Resident of VillageMahua Bigha, P.S.- Paras Bigha, District- Jehanabad, at present Nagar Teacher Middle School, Nagla, under Malsalami Anchal, Patna City, District- Patna.

2.

Niraj Kumar Son of Late Jay Rani Kumari Sinha Resident of VillageKarnaha Tola, Ranipur, Patna City, P.S.- Khajekalan, District- Patna at present Nagar Teacher, Middle School, Nuruddinganj, under Malsalami Anchal, Patna City, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

R.K. Mahajan Son of not known to the petitioner, the Additional Chief Secretary-cum-Principal Secretary, Department of Education, Govt. of Bihar, Patna.

3.

Mr. Giriwar Dayal Son of not known to the petitioner, Director, Primary Education, Department of Education, Govt. of Bihar, Patna. 4.

Jyoti Kumar Son of not known to the petitioner, the District Education Officer, Patna.

5.

Keshav Prasad Son of not known to the petitioner, the District Programme Officer (Establishment), Patna.

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

For the Petitioner/s :

Mr.Bishnu Kant Dubeyad For the Opposite Party/s :

Mr.Madhaw Prasad Yadaw (GP 23) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-04-2023 The defects pointed out by the registry are ignored. The present petition has been filed for restoration of a contempt petition bearing M.J.C. no. 3388 of 2019, which has stood dismissed on account of non-prosecution by an order dated 08.12.2021.

It is submitted by the learned counsel for the

Patna High Court MJC No. 2350 of 2021(2) dt.19-04-2023 2/2 petitioners that the counsel for the petitioners had undergone cataract operation of the eye, hence he could not attend the Court when the aforesaid contempt petition was taken up for hearing, thus, a sympathetic view be taken and the aforesaid contempt petition be restored to its original file. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the averments made in the present petition, I deem it fit and appropriate to restore the aforesaid contempt petition bearing M.J.C. no. 3388 of 2019 to its original file.

The present petition stands allowed.

(Mohit Kumar Shah, J) rinkee/- U