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Patna High CourtMJC/4044/2019allowed

Lalan Gope @ Lalan Yadav v. The State Of Bihar

2023-03-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4044 of 2019 In Civil Writ Jurisdiction Case No.21282 of 2018 ====================================================== Lalan Gope @ Lalan Yadav Son of Late Hirday Gope @ Hariday Gope Resident of Village/ Mohalla- Patuana, P.S.- Bihar Sharif, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna.

2.

Principal Secretary, Home Department, Govt. of Bihar, Patna. 3.

Commissioner, Patna Division, Patna.

4.

District Magistrate, Nalanda at Bihar Sharif. 5.

Sub- Divisional Officer, Bihar Sharif, Nalanda. 6.

District Arms Officer, Nalanda at Bihar Sharif. 7.

Senior Superintendent of Police, Nalanda at Bihar Sharif. 8.

S.D.P.O., Bihar Sharif, District- Nalanda.

9.

Station House Officer, Bihar Sharif Police Station, District- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritesh Kumar For the Opposite Party/s :

Mr.Raj Kumar (Pc To Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-03-2023 The present petition has been filed for restoration of a writ petition bearing CWJC No. 21282 of 2018, which has stood dismissed on account of non- prosecution vide order dated 17.9.2019.

The learned counsel for the petitioner has submitted that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid writ petition was dismissed on

Patna High Court MJC No.4044 of 2019(2) dt.15-03-2023 2/2 account of non- prosecution.

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 CWJC No. 21282 of 2018 to its original file.

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