Shri Braj Kishor Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2667 of 2022 In Civil Writ Jurisdiction Case No.7538 of 2021 ====================================================== Shri Braj Kishor Prasad S/o Late Parmeshwar Sinha, R/o Village Gulni, P.O. Hilsa, P.S. Hilsa, District Nalanda.
... ... Petitioner/s
Versus
1.
The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2.
The Principal Secretary, Urban Development Department, Govt. of Bihar, Patna.
3.
The Managing Director, Bihar State Housing Board, 6 Sardar Patel Path Marg, Patna- 15.
4.
The Secretary, Bihar State Housing Board, Patna. 5.
The Land Revenue Officer, Bihar State Housing Board, Patna. 6.
The Estate Officer, Bihar State Housing Board, Patna, Division- 3 Bahadurpur Housing Colony, Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kant, Advocate For the Opposite Party/s :
Mr.Subhash Prasad Singh, GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-04-2023 The defects, pointed out by the registry, are ignored.
The present petition has been filed for restoration of a writ petition bearing CWJC No.7538 of 2021, which has stood dismissed on account of non-prosecution by an order dated 10.11.2022. The learned counsel for the petitioner submits that on account of the learned counsel for the petitioner being engaged in some other Court,
Patna High Court MJC No.2667 of 2022(2) dt.12-04-2023 2/2 he could not attend the hearing of the present case, when the case was called out, resulting in dismissal of the present petition on account of nonprosecution. 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 petition, I deem it fit and proper to direct for restoration of the aforesaid petition bearing CWJC No.7538 of 2021 to its original file.
The present petition stands allowed.
(Mohit Kumar Shah, J) kanchan/- U