Pappu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2865 of 2023 In Miscellaneous Jurisdiction Case No.4951 of 2019 ====================================================== Pappu Mandal, Son of Late Sita Ram Mandal, Resident of Village- Vishnupur, P.O.- Kakodha, P.S.-Sakatpur, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Principal Secretary, Department of General Administration, Govt. of Bihar, Patna.

3.

The Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

4.

The Superintending Engineer, Public Health Engineering Department, Saharsa Circle, Saharsa.

5.

The Superintending Engineer, PHED, Begusarai Division, Begusarai. 6.

The Executive Engineer, Public Health Engineering Department, Begusarai Circle, Begusarai.

7.

The District Magistrate-cum-Collector, Begusarai. 8.

The Executive Engineer, PHED, Saharsa Division, Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Siyaram Pandey, Advocate For the Opposite Party/s :

Mr. Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-12-2023 The M.J.C. Case No. 4951 of 2019 was dismissed for non-prosecution. However, before dismissing the case, this Court vide order dated 15.09.2023 had recorded the submission of the counsel for the State that the order passed by this Court had already been complied with.

Patna High Court MJC No.2865 of 2023(2) dt.08-12-2023 2/2

2. Today, the learned counsel for the petitioner, while pressing for restoration of M.J.C. No. 4951 of 2019, submits that it was an erroneous statement that the order of this Court has been complied with.

3. In any view of the matter, considering the totality of circumstances and the reason for nonappearance of the counsel for the petitioner on the date when it was dismissed for non-prosecution, the prayer for restoration of M.J.C. No. 4951 of 2019 is allowed.

4. M.J.C. No. 4951 of 2019 is restored to its original file.

(Ashutosh Kumar, J) Sauravkrsinha/ krishnaU