Chandeshwar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.123 of 2018 In Letters Patent Appeal No.1328 of 2016 ====================================================== Chandeshwar Prasad Singh, Son of Shri Chandrika Prasad Singh, resident of village + Post Ram Krishna Dubiyahi, Via Gidha, P.S. Saraiya, O.P. Jaintpur, District - Muzaffarpur.

... ... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Rural Development Department, Old Secretariat, Patna.

3. The Principal Secretary, Panchayati Raj Department, New Secretariat, Vikash Bhawan, Patna.

4. The Deputy Development Commissioner (D.D.C.), D.R.D.A. Sheohar, District - Sheohar. null null

5. The Managing Director, Bihar Panchayati Raj, Finance Corporation, Vikash Bhawan, New Secretariat, Patna 1.

6. The D.R.D.A., Sheohar through Chairman DDC Sheohar, District Sheohar. ... ... Opp. Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Labh For the Respondent/s :

Mr. Pushkar Narayan Shahi - Aag 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 12-12-2018 I.A.No. 8212 of 2018 This application is filed for condonation of delay in filing the restoration application which according to the Office is 7 days.

Having heard learned counsel for the parties and having perused the reasons so assigned, we are persuaded to condone the delay, which is accordingly condoned. I.A.No. 8212/2018 is allowed.

Patna High Court MJC No.123 of 2018(4) dt.12-12-2018 2/2 M.J.C.No. 123 of 2018 This application is filed for restoration of L.P.A.No. 1328/2016 which has been dismissed for non-prosecution vide order passed on 5.12.2017.

Having heard learned counsel for the parties and having perused the reasons assigned which led to dismissal of the appeal for non-prosecution, we are persuaded to accept the prayer and to recall our order dated 5.12.2017 passed in L.P.A.No. 1328/2016 and restore the appeal to its file. In result, M.J.C.No. 123/2018 is allowed.

L.P.A.No. 1328/2016 is restored to its file and be listed on its turn.

(Jyoti Saran, J) ( Rajeev Ranjan Prasad, J) Surendra/- U