Perwez Alam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2861 of 2023 In Civil Writ Jurisdiction Case No.17917 of 2022 ====================================================== Perwez Alam Khan Son of late Razaur Rahman Khan Resident of Village and Post- Lai, P.S.- Bihta, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the District Magistrate, Patna. 2.

Divisional Commissioner, Patna.

3.

The District Magistrate, Patna.

4.

The S.D.O, Danapur, Dist- Patna.

5.

The Arms Magistrate, Patna.

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

For the Petitioner/s :

Mr.Kumar Kaushlendra, Adv.

For the Opposite Party/s :

Ms. Divya Verma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2024 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 17917 of 2022, which has stood dismissed for non-prosecution vide order dated 5.9.2023. 2.

The learned counsel for the petitioner has submitted that since the counsel for the petitioner was participating in Tele Law services, being conducted by the Bihar Legal Services Authority, Patna, 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.2861 of 2023(2) dt.09-02-2024 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. 17917 of 2022 to its original file.

4.

The present petition stands allowed.

(Mohit Kumar Shah, J) Ajay/- U