Anita Devi @ Anita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2870 of 2023 In Civil Writ Jurisdiction Case No.17447 of 2015 ====================================================== Anita Devi @ Anita Kumari Wife of Dilesh Kumar Gupta Resident of Village -Barhiya, P.S.- Sindhwalia, District- Gopalganj, at present working as Anganwari Sevika, Centre Code No. 96, situated at Sonari Tola, Barhiya Under Panchayat, Supauli, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar, Patna.

2.

Principal Secretary, Social Welfare Department, Government of Bihar, New Secretariat, Patna.

3.

The Deputy Director, Welfare, Saran Division, Chapra. 4.

The District Programme Officer, Gopalganj.

5.

The Child Development Officer, Gopalganj.

6.

Smt. Prabhawati Devi, Wife of Sri Kanhaiya Sharma Resident of Village Barhiya, P.S.- Sindhwalia, District- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baidyanath Prasad, Advocate For the Opposite Party/s :

Mr.Gyan Prakash Ojha (GA- 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2024 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 17447 of 2015, which has stood dismissed for nonprosecution by an order dated 15.09.2023. 2.

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

Patna High Court MJC No.2870 of 2023(2) dt.19-07-2024 2/2 case was called out for hearing on 15.09.2023, leading to dismissal of the aforesaid writ petition for non-prosecution, 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 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. 17447 of 2015, to its original file.

4.

The present petition stands allowed.

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