M/S Rajendra Singh And Brothers v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2328 of 2022 In Civil Writ Jurisdiction Case No.8868 of 2020 ====================================================== M/s Rajendra Singh and Brothers (A Partnership Firm), through its partner Seema Singh, age- 41 Years D/o Singh C/o Pramila Singh, Ratu Road, Badri Narayan Bhavan, P.S.- Hehal, Dist- Ranchi, Jharkhand- 834005 and local office at Rajendra Bhavan, Jay Prakash Path, Dumra Road, P.O.- Sitamarhi, P.S.- Mehsaul, Dist- Sitamarhi- 843302.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Road Construction Dept., Bihar, Bishweshraiya Bhavan, Bailey Road, Patna. 2.

The Engineer In Chief, Road Construction Department, Bihar, Bishweshraiya Bhavan, Bailey Road, Patna.

3.

The Engineer In Chief (Contract, Work Maintenance and Safety) Road Const. Dept., Bihar, Bishweshraiya Bhavan, Bailey Road, Patna. 4.

The Chief Engineer (North) Road Construction Department, Bihar, Bishweshraiya Bhavan, Bailey Road, Patna.

5.

The Ex. Engineer, Road Const. Dept., Road Division, Sitamarhi. 6.

The Appellate Authority cum Principal Secretary, RCD, Bihar, Bishweshraiya Bhavan, Bailey Road, Patna.

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

For the Petitioner/s :

Ms.Usha Kumari, Advocate For the Opposite Party/s :

Mr.Uday Shankar Sharan Singh (Gp19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 26-04-2023 The present petition has been filed for restoration of a writ petition bearing CWJC No. 8868 of 2020, which has stood dismissed on account of non-prosecution by an order dated 18.02.2022.

Patna High Court MJC No.2328 of 2022(2) dt.26-04-2023 2/2 The learned counsel for the petitioner submits that on account of poor internet connectivity, he could not connect, when the aforesaid writ petition was being heard through video conferencing, hence, the aforesaid writ petition was dismissed on account of nonprosecution, however, a sympathetic view be taken and the aforesaid writ petition be restored to its original file.

Having regard to the submission made by the learned counsel for the petitioner as also considering the averments made in the present petition, we deem it fit and proper to restore the aforesaid writ petition bearing CWJC No.8868 of 2020 to its original file.

The present restoration petition stands allowed.

(Mohit Kumar Shah, J) ( Shailendra Singh, J) kanchan/- U