Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2963 of 2023 In Civil Writ Jurisdiction Case No.4541 of 2023 ====================================================== 1.

Sumit Kumar son of Sanjeet Kumar, resident of Mohalla-Gandhi Nagar, Gabhtal, Danpur, P.S. Digha, Dnapur, District-Patna, PIN 800 012. 2.

Sunny Kumar son of Suni Mahto, resident of Mohaa-Sarai, P.O. and P.S.- Sarai Maner, District-Patna, PIN CODE-801113. 3.

Amrendra Kumar, Son of Shyam Kishore Singh, resident of VillageMohanpur, P.O. and P.S.-Maner, District-Patna, PIN Code-801108. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Director, Mantrimandal Sachivalaya Bibhag under Bihar Rajya Abhilekhagar, NIdeshalaya, Patna.

3.

The Additional Chief Secretary, Finance Department, Bihar, Patna. 4.

The Director of Karmik Bibhag, New Secretariate, Baiey Road, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh, AC to GP-26 Mr.Gautam Kumar Yadav, AC to GP-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2024

1. The present petition has been filed for restoration of a writ petition, bearing C.W.J.C. No.4541 of 2023, which has stood dismissed on account of non-prosecution by an order dated 18.09.2023.

2. The learned counsel for the petitioners has submitted that since the counsel for the petitioners was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid petition was dismissed on account on non-prosecution, thus a sympathetic view be taken.

Patna High Court MJC No.2963 of 2023(2) dt.11-01-2024 2/2

3. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners, I deem it fit and proper to direct for restoration of the aforesaid writ petition, bearing C.W.J.C. No. 4541 of 2023 to its original file.

4. The present petition stands allowed.

(Mohit Kumar Shah, J) sonal/- U