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Patna High CourtMJC/2672/2022allowed

Ashish Shankar v. The State Of Bihar

2023-03-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2672 of 2022 In Civil Writ Jurisdiction Case No.3852 of 2022 ====================================================== Ashish Shankar S/o Shri Shankar Jha, Resident of Ananda Apartment, Flat No.- 1B, Near CDA Building, Rajendra Path, P.S.- Kadamkuan, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar Attached to Honble Chief Minister, Office of Chief Minister, Secretariate, Bihar, Patna. 2.

The Principal Secretary to the Honble Chief Minister, Govt. of Bihar, Chief Minister, Secretariate, Bihar, Patna.

3.

Additional Secretary, General Administrative Department, Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivpujan Sahay, Advocate For the Opposite Party/s :

Mr. Manish Dhari Singh (AC To AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-03-2023 The defects pointed out by the registry are ignored. The present petition has been filed for restoration of a writ petition bearing C.W.J.C. no. 3852 of 2022, which has stood dismissed on account of non- prosecution vide order dated 15.12.2022.

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 on account of non- prosecution.

Having regard to the facts and circumstances of the

Patna High Court MJC No.2672 of 2022(2) dt.15-03-2023 2/2 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. 3852 of 2022 to its original file.

The present petition stands allowed.

(Mohit Kumar Shah, J) rinkee/- U