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Patna High CourtMJC/4153/2019disposed

Shri Shri 108 Kalaneshwar Nath Mahadev Vikas Samiti v. The State Of Bihar

2021-06-23Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) Miscellaneous Jurisdiction Case No.4153 of 2019 In Civil Writ Jurisdiction Case No.11680 of 2019 ====================================================== Shri Shri 108 Kalaneshwar Nath Mahadev Vikas Samiti through its Secretary and Incharge namely Manoj Kumar Jha, Gender- Male, Aged about 50 Years, son of Late Jagadanand Jha, Resident of Village- Navtol (Sarisar) Gangauli, Post Office- Raje, Police Station- Pandoul, District- Madhubani and VillageRaje, Police Station- Manigachhi, District- Darbhanga. ... ... Petitioner

Versus

1.

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

The Chairman-Cum- Secretary, Bihar State Religious Trust Board, Patna. 3.

The Commissioner, Tirhut Commissionary, Darbhanga. 4.

The District Magistrate, Darbhanga.

5.

The District Magistrate, Madhubani.

6.

The S.P. Darbhanga.

7.

The S.P. Madhubani.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar No 7 For the Opposite Party/s :

Mr. Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-06-2021 This application has been filed for restoration of C.W.J.C. No. 11680 of 2019 which stood dismissed for noncompliance of the order dated 27.06.2019. By the order dated 27.06.2019, this Court had granted three weeks time to the petitioner to remove the defects as pointed out by the office.

Learned counsel for the petitioner submits that because of some flood situation during that period he was unable to devote much time to his work and for that reason he

Patna High Court MJC No.4153 of 2019(2) dt.23-06-2021 2/2 could not remove the defects within the prescribed period. Submission is that the non-compliance was not deliberate and it was totally unintentional.

Learned counsel for the petitioner submits that now only one defect is required to be removed which relates to subject matter of the case. It is his submission that the office may be directed to put the appropriate subject matter and the requirement on the part of the petitioner for this purpose be dispensed with.

Mr. Ajay Kumar, learned AC to GP-4 representing the State has no objection on this.

Considering the aforesaid, this Court directs that let the office place the correct subject and if all other defects have been removed by the petitioner, the writ application is hereby restored.

Let the C.W.J.C. No. 11680 of 2019 be listed as per norms.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.