Subhawati Devi, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4360 of 2019 In Civil Writ Jurisdiction Case No.23395 of 2018 ====================================================== 1.

Subhawati Devi, Wife of Late Mundrika Sah @ Mundrika Prasad, resident of Village- Ramnagar, Police Station and Anchal- Bhoray, DistrictGopalganj. 2.

Bunda Devi, Wife of Late Bachcha Yadav, resident of Village- Ramnagar, Police Station and Anchal- Bhoray, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Gopalganj, District Gopalganj. 2.

The Collector, Gopalganj, District- Gopalganj. 3.

The Sub Divisional Officer, Hathua, District - Gopalganj. 4.

The Anchal Adhikari Bhotey, District- Gopalganj. 5.

Ramadhar Yadav, Son of Late Janak Yadav, Resident of Village- Ramnagar, Police Station and Anchal- Bhorey, District- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Prasad Bhakta, Advocate For the Opposite Party/s :

Mr.Raj Kishore Roy(Gp 18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-04-2023 The present petition has been filed for restoration of CWJC No.23395 of 2018, which has stood dismissed on account of non-prosecution by an order dated 17.09.2019. It has been submitted in the present petition that the learned counsel for the petitioner had gone to Birla Heart Hospital, Kolkata for his treatment, hence, he could not appear before this Court, when the case was called out, resulting in dismissal of the aforesaid writ petition on account of non-

Patna High Court MJC No.4360 of 2019(5) dt.19-04-2023 2/2 prosecution, thus, a sympathetic view be taken and the aforesaid writ petition be restored to its original file. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner as also taking into account the averments made in the present case, I deem it fit and proper to direct for restoration of the aforesaid petition bearing CWJC No.23395 of 2018 to its original file.

The present petition stands allowed.

(Mohit Kumar Shah, J) kanchan/- U