Indu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2762 of 2023 In Civil Writ Jurisdiction Case No.16851 of 2015 ====================================================== Indu Kumari Wife of Sri Raj Nandan Prasad, resident of Village Keshri Bigha, P.O. Sarbahada, P.S. Ekangarsarai, District Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Deputy Director, Welfare, Magadh Division, Gaya. 3.

Child Development Project Officer, Khijarsarai, District Gaya 4.

Smt. Suniti Kumari, Wife of Braj Nandan Kumar Vidyarthi, resident of Sarbahada Dih Tola Keshri Bigha, P.s. Khijarsarai, District Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Samir Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Gyan Prakash Ojha (Ga 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2025 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 16851 of 2015, which has stood dismissed for non-prosecution, vide order dated 14.9.2023.

2.

The learned counsel for the petitioner has submitted that since the counsel for the petitioner was engaged in another Court, he could not appear 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,

Patna High Court MJC No.2762 of 2023(3) dt.04-04-2025 2/2 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. 16851 of 2015 to its original file.

4.

Accordingly, the present restoration petition stands allowed.

(Mohit Kumar Shah, J) Ajay/- U