Poonam Devi v. The State Of Bihar Through The Chief Secretary, Ministry Of Foods And Consumer Protection

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2500 of 2022 In Civil Writ Jurisdiction Case No.4739 of 2016 ====================================================== Poonam Devi Wife of Anil Roy @ Anil Kumar, Resident of village - Juara, P.O. - Mirpur, Juara, P.S. - Awtar Nagar, District - Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Ministry of Foods and Consumer Protection Department, Old Secretariat, Govt. of Bihar, Patna. 2.

The District Magistrate at Chapra, District - Saran. 3.

The Sub-Divisional Officer (S.D.O.) at Chapra, District - Saran. 4.

The District Supply Officer, At Chapra, District - Saran. 5.

Raj Kumar Singh, son of Late Jit Narayan Singh, Resident of village- Juara, P.O. Mirpur Juara, P.S. - Awatar Nagar, District - Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Shankar Prasad Yadav, Advocate For the Opposite Party/s :

Mr.S. Raza Ahmad (AAG-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2025 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 4739 of 2016, which has stood dismissed for want of prosecution vide order dated 24.09.2018.

2.

The learned counsel for the petitioner Sri Shiv Shankar Prasad Yadav submits that on account of the fact that he had been appointed as Standing Counsel No. 14, he was precluded from appearing in the present case when the same was called out for hearing on 24.09.2018, nonetheless, he had instructed his junior colleague to take appropriate steps,

Patna High Court MJC No.2500 of 2022(3) dt.04-04-2025 2/2 however, it appears that suitable steps could not be taken resulting in non-appearance of any counsel on the day the aforesaid case was called out for hearing resulting in the connected writ petition being dismissed for want of prosecution, hence it is prayed that 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 taking into account 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. 4739 of 2016 to its original file.

4.

The present petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U