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Patna High CourtMJC/3303/2024allowed

S.M. Salimullah v. The State Of Bihar Through The Secretary, Department Of Minority Welfare Bihar

2024-12-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3303 of 2024 In Civil Writ Jurisdiction Case No.8026 of 2024 ====================================================== S.M. Salimullah S/o S.M. Mujibullah, R/o Mohalla-Dundi Bazar, P.S.-Patna City, District-Patna, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Minority Welfare Bihar Patna.

2.

Bihar State Shia Waqf Board through its Chairman, Second Floor, Haj Bhawan, 34, Ali Imam Path (Harding Road), Patna, Bihar. 3.

The Chief Executive Officer, Bihar State Shia Waqf Board, Second Floor, Haj Bhawan, 34, Ali Imam Path (Harding Road), Patna, Bihar. 4.

Syed Shahid Imam, S/o Late Syed Abid Imam, 705, Sharf Apartment, Frazer Road, P.S.-Gandhi Maidan, Patna, Bihar.

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

For the Petitioner/s :

Mr.Fakhruddin Ali Ahmad, Advocate For the Opposite Party/s :

Mr. Sarvesh Kr. Singh, AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-12-2024 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 8026 of 2024, which has stood dismissed for want of prosecution vide order dated 15.07.2024.

2.

The learned counsel for the petitioner has submitted that the counsel for the petitioner had fallen ill suddenly and therefore, he could not attend the hearing of the case, when the case was called out for hearing on 15.07.2024,

Patna High Court MJC No.3303 of 2024(3) dt.06-12-2024 2/2 thus, a sympathetic view be taken and the aforesaid 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 taking into account 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. 8026 of 2024, to its original file.

4.

The present petition stands allowed.

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