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Patna High CourtMJC/2892/2023allowed

Bala Lakhandar Saw @ Balalkhandar Saw v. The State Of Bihar

2024-07-26Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2892 of 2023 In Civil Writ Jurisdiction Case No.11528 of 2022 ====================================================== Bala Lakhandar Saw @ Balalkhandar Saw S/o Late Nathun Saw R/o VillageSherpur Tola Lalganj, P.S.- Chandauti, District- Gaya, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Government of Bihar, Old Secretariat, Patna.

2.

The Commissioner, Magadh Division, Gaya.

3.

The District Magistrate, Gaya, District- Gaya. 4.

The Senior Superintendent of Police, Gaya, District- Gaya. 5.

The District Arms Magistrate, Gaya, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Opposite Party/s :

Mr.Md. Nadim Seraj (Gp5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-07-2024

1. The present petition has been filed for restoration of a writ petition bearing CWJC No.11528 of 2022, which has stood dismissed on account of non-prosecution, by an order dated 01.05.2023.

2. The learned counsel for the petitioner has submitted that the earlier counsel for the petitioner, who was conducting the writ petition was ill and later on he died, hence he could not appear before this Court when the aforesaid writ petition was called out for hearing, leading to dismissal of the aforesaid writ petition for non-prosecution, thus a sympathetic view be taken and the aforesaid writ petition be

Patna High Court MJC No.2892 of 2023(2) dt.26-07-2024 2/2 restored.

3. Having regard to the submission made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and proper to restore the aforesaid writ petition bearing CWJC No.11528 of 2022 to its original file.

4. The present restoration petition stands allowed. (Mohit Kumar Shah, J) Saurav/- U