Bishwambhar Purbey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2389 of 2022 In Civil Writ Jurisdiction Case No.5839 of 2019 ====================================================== Bishwambhar Purbey Son of Late Gangai Purbey, Resident of Mohalla-Ward No. 16, Bhelwa Tola, Near Block Jay Nagar, P.S. Jay Nagar, District Madhubani, Proprietor of M/S Rambilas Purbey Jay Nagar, Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Rural Works Department, Government of Bihar, Patna 2.

The Engineer-in-Chief Rural Works Department, Government of Bihar, Patna.

3.

The Chief Engineer Rural Works Department, Government of Bihar, Patna. 4.

The Superintending Engineer Rural Works Department, Work Circle, Darbhanga.

5.

The Executive Engineer Rural Works Department (W) Division Jhanjharpur, Madhubani.

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

For the Petitioner/s :

Mr.Dudh Nath Singh For the Opposite Party/s :

Mr.Archana Meenakshee (Gp 6) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2023 The defects, as pointed out by the registry, are ignored.

The present petition has been filed for restoration of a writ petition bearing CWJC No. 5839 of 2019, which has been dismissed on account of non-compliance of the peremptory order dated 25.2.2020, passed in CWJC No. 5839 of 2019. The learned counsel for the petitioner submits that on account of the situation prevailing at that time due to Covid-19 Pandemic as also on account of the file having been misplaced,

Patna High Court MJC No.2389 of 2022(2) dt.29-03-2023 2/2 the peremptory order dated 25.2.2020 could not be complied with, however, the same shall be complied with within a period of two weeks from today.

Having regarding to the facts and circumstances of the case and considering the averments made in the present petition, I deem it fit and proper to direct for restoration of the aforesaid writ petition bearing CWJC No. 5839 of 2019 to its original file, subject to compliance of the peremptory order dated 25.2.2020, within a period of two weeks from today.

The restoration petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U