Wakeel Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3198 of 2023 In Civil Writ Jurisdiction Case No.16835 of 2015 ====================================================== 1.
Wakeel Kumar Singh S/o Late Keshwar Singh Resident of Village- Atiya, P.S- Magadh University, Bodh Gaya, District- Gaya. 2.
Rajgir Vishwarkarma, S/O - Sri Balchand Mistry. Resident of Village - Kathwara, P.S-Gurua, District- Gaya.
3.
Anuj Kumar, S/O - Sri Rajeshwar Singh. Resident of Village Barma Thaman Bigha, P.S Sherghati, District- Gaya.
4.
Muneshwar Kumar Nirala, S/O - Sri Baleshwar Prasad Yadav. Resident of Village - Hematpur, P.S - Fatehpur, District- Gaya. 5.
Manoj Kumar Sharma, S/O - Sri Kardhani Thakur. Resident of Village - Madama, P.S - gurua, District- Gaya.
... ... Petitioner/s
Versus
1.
The State of Bihar Through the District Magistrate, Gaya. 2.
The Chairman, Bihar State Legal Services Authority, Budhmarg, Patna - 800001.
3.
The Secretary, Bihar State Legal Services Authority, Budhmarg, Patna 800001.
4.
The District and Session Judge cum Chairman, District Legal Services Authority, Gaya.
5.
The C.J.M. cum Incharge Secretary, District Legal Services Authority, Gaya. 6.
The Senior Superintendent of Police cum Member, District Legal Services Authority, Gaya.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Gyan Prakash Ojha (Ga 7) ====================================================== 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. 16835 of 2015, which has stood dismissed for non-prosecution, vide order dated 14.09.2023.
Patna High Court MJC No.3198 of 2023(3) dt.04-04-2025 2/2 2.
The learned counsel for the petitioners has submitted that since the counsel for the petitioners 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 non-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 petitioners 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 C.W.J.C. No. 16835 of 2015 to its original file.
4.
Accordingly, the present restoration petition stands allowed.
(Mohit Kumar Shah, J) Ajay/- U