Yugal Kishor Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2660 of 2022 In Civil Writ Jurisdiction Case No.19083 of 2021 ====================================================== Yugal Kishor Bhagat Son of- Late Sri Ram Pratap Bhagat, Resident of Village- Singhia Bujurg North, Ward No. 8, P.S.- Bibhutipur, DistrictSamastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Govt. of Bihar, Patna. 2.

The Secretary, J.P. Treasury (Advisory Council), Home Department (Special), Govt. of Bihar, Old Secretariat, Patna- 800015. 3.

The Inspector General (Prison), Govt. of Bihar, Office Situate at Main Secretariat, P.S.- Sachivalaya, Dist- Patna- 800015. 4.

The Jail Superintendent, Dist- Samastipur- 848101 5.

The Jaylor, Samastipur Jail, District- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mithilesh Kumar,Adv.

For the Opposite Party/s :

Mr.Manish Dhari Singh,AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-04-2023 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 19083 of 2021, which has stood dismissed for want of prosecution vide order dated 01.12.2022.

The learned counsel for the petitioner 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

Patna High Court MJC No.2660 of 2022(2) dt.20-04-2023 2/2 and the aforesaid writ petition be restored to its original file.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner 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. 19083 of 2021, to its original file.

The present petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/SonalU