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Patna High CourtMJC/2393/2022allowed

Smt. Vimla Devi @ Bimla Jaiswal v. The State Of Bihar

2023-04-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2393 of 2022 In Civil Writ Jurisdiction Case No.6426 of 2020 ====================================================== Smt. Vimla Devi @ Bimla Jaiswal, daughter of Late Jamuna Prasad and wife of Madan Prasad Jaiswal, resident of Pipanti Road of Buxar, P.S. and DistrictBuxar, at present residing at Purana Thana, Thana Road, Nagar Parishad, Buxar.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Housing and Urban Development Department, Government of Bihar, Patna. 2.

The Bihar State Housing Board through the Managing Director, 6 Mangles Road, Patna.

3.

The Managing Director, the Bihar State Housing Board, 6 Mangles Road, Patna.

4.

The Manager (Estate) the Bihar State Housing Board, 6 Mangles Road, Patna.

5.

The Executive Engineer, Patna Division, the Bihar State Housing Board, 6 Mangles Road, Patna.

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

For the Petitioner/s :

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

Mr. Pawan Kumar, AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-04-2023 The defects, pointed out by the registry, are ignored.

The present petition has been filed for restoration of a writ petition bearing CWJC No.6426 of 2020, which has stood dismissed on account of non-prosecution by an order dated 14.07.2022. The learned counsel for the petitioner

Patna High Court MJC No.2393 of 2022(2) dt.12-04-2023 2/2 submits that on account of the learned counsel for the petitioner being engaged in some other Court, he could not attend the hearing of the present case, when the case was called out, resulting in dismissal of the present petition on account of nonprosecution. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner as also taking into account the averments made in the present petition, I deem it fit and proper to direct for restoration of the aforesaid petition bearing CWJC No.6426 of 2020 to its original file.

The present petition stands allowed.

(Mohit Kumar Shah, J) kanchan/- U