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Patna High CourtMJC/3725/2024allowed

Sandeep Kumar v. The State Of Bihar Through The Chief Secretary,

2024-12-06Mr. Justice Bibek Chaudhuri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3725 of 2024 In Civil Writ Jurisdiction Case No.10501 of 2022 ====================================================== Sandeep Kumar ... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary & Ors. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Deepika Sharma, Advocate Mr.Rajat Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Akhileshwar Singh, AC to GA 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 06-12-2024 This is an application for restoration of C.W.J.C. No. No. 10501 of 2022 for setting aside the order of dismissal for default, which was passed on 30th September, 2024.

2. It appears from the record that the petitioners filed the M.J.C. case for restoration of the writ petition on 3rd October, 2024 i.e. well within the statutory period of limitation.

3. I have perused the petition, and the petitioners have been able to establish sufficient ground for his non-appearance, when the matter was called on for hearing.

4. Therefore, the order dated 30th September, 2024 is set aside and the above mentioned writ petition is restored to its file.

5. M.J.C. No. 3745 of 2024 is accordingly disposed of.

Patna High Court MJC No.3725 of 2024(3) dt.06-12-2024 2/2

6. Petitioner is directed to serve a fresh notice by both modes in C.W.J.C. No. No. 10501 of 2022 for hearing of the writ petition to the Respondent Nos. 1 to 6, for which requisites must be filed by one week from the date of this order. (Bibek Chaudhuri, J) uttam/- U