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Patna High CourtMJC/2962/2023allowed

Umesh Sah v. The State Of Bihar

2025-01-24Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2962 of 2023 In Civil Writ Jurisdiction Case No.14826 of 2022 ====================================================== Umesh Sah Son of Late Sitaram Sah, resident of Village/Mohalla-Simra, P.O. and P.S. Dumra, District Sitamarhi.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Bihar Gram Panchayat Raj New Secretariat, Bihar, Patna.

3.

The Deputy Secretary, Bihar Gram Panchayat Raj New Secretariat, Bihar, Patna.

4.

The Commissioner, Tirhut Division, Muzaffarpur. 5.

The District Magistrate, Sitamarhi.

6.

The Deputy Development Commissioner, Sitamarhi. 7.

The District Gram Panchayat Raj Officer, Collectorate, Sitamarhi. 8.

The Block Development Officer, Bajpatti, Sitamarhi. 9.

The Deputy Collector, District Nazarat, Sitamarhi. 10.

The Mukhiya, Gram Panchayat Raj, Bengaon Uttari, Bajpatti, DistrictSitamarhi. 11.

Shree Hari Shankar Prasad, Mukhiya, Gram Panchayat, Bengaon Uttari, Bajpatti, Sitamarhi.

12.

The Senior Manager, State Bank of India Madhuban Basha Madhurapur Branch, Bajpatti, Sitamarhi.

13.

The Senior Branch Manager, Allahabad Bank (Indian Bank), Bangaon Branch, Bajpatti, Sitamarhi.

14.

The Accountant General Birchandra Patel Path, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jiwan Prakash Sinha, Advocate For the Opposite Party/s :

Mr.Kumar Alok (Sc7) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2025

1. The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No.14826 of 2022, which has stood dismissed for want of prosecution vide order dated

Patna High Court MJC No.2962 of 2023(3) dt.24-01-2025 2/2 10.05.2023.

2. The learned counsel for the petitioner has submitted that the aforesaid case could not be marked in the daily cause list on 10.05.2023, resulting in the counsel being unable to attend the case when the case was called out for hearing, leading to dismissal of the aforesaid petition for nonprosecution, hence, 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.14826 of 2022 , to its original file.

4. The present petition stands allowed.

(Mohit Kumar Shah, J) Saurav/- U