Bhikharee Sah @ Bhikhari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3153 of 2023 In Civil Writ Jurisdiction Case No.8617 of 2022 ====================================================== Bhikharee Sah @ Bhikhari Sah Son of- Late Nathuni Sah, Resident of Village- Parsa, Rai Tola, P.S.- Majhaulia, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector of West Champaran. 2.

The Collector of West Champaran.

3.

The Superintendent of Police, West Champaran at Bettiah. 4.

The Sub Divisional Officer, Bettiah Sadar, District- West Champaran. 5.

The Circle Officer of Majhaulia, District- West Champaran. 6.

The Officer-in-Charge of Majhaulia Police Station, District- West Champaran.

7.

Laxmi Sah, Son of Late Harbansh Sah, R/o- Village- Parsa, P.S. Majhaulia, District- West Champaran.

8.

Sanjay Bhagat, Son of Sambhu Bhagat, R/o- Village- Parsa, P.S. Majhaulia, District- West Champaran.

9.

Jot Narayan Singh, Son of Not known, R/o- Village- Parsa, P.S.-Majhaulia, District- West Champaran.

10.

Musmat Malti Devi, wife of Late Ramchandra Sah, Resident of VillageParsa (Rai Tola), P.S.- Majhaulia, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar No.1, Advocate For the Opposite Party/s :

Mr.Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-12-2024 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 8617 of 2022, which has stood dismissed for want of prosecution vide order dated 31.07.2023.

2.

The learned counsel for the petitioner

Patna High Court MJC No.3153 of 2023(3) dt.06-12-2024 2/2 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 for want of prosecution, thus a sympathetic view be taken and the aforesaid writ 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. 8617 of 2022,to its original file.

4.

The present petition stands allowed.

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