Mushafir Singh, v. Rishi Kumar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4396 of 2019 In Letters Patent Appeal No.954 of 2018 ====================================================== Mushafir Singh, Son of Late Sheo Nath Singh, Resident of Village- Purana Bhojpur, P.S.- Dumraon, District- Buxar, founder teacher of Adarsh Middle School, Purana Bhojpur, P.S.- Dumraon, District- Buxar. ... ... Petitioner/s

Versus

1.

Rishi Kumar, Son of Late Badri Singh, R/o Village- Dodhanpura, P.O. Raghunathpur, District- Buxar.

2.

The State of Bihar, through the Special Secretary-cum-Director, Primary Education, Bihar, Patna, New Secretariat, Bihar, Patna. 3.

The District Superintendent Education, Arrah. 4.

The Dy. Inspector of School, Buxar.

5.

The District Education Officer, Bhojpur, Arrah. 6.

Radhey Shyam Singh @ Radhe Shyam Prasad, Son of Late Sidh Nath Singh, Resident of Village- Dodhanpura, P.O.- Ragunathpur, District- Buxar. 7.

Meera Kumari, W/o Sri Auadhesh Kumar, R/o Village- Purana Teacher Training School, Dumraon, District- Buxar.

8.

Nand Kishore, Son of Late Shiv Dhari Sigh, R/o Village and P.O. and P.S. Dumraon, Ward No. 7, District- Buxar.

9.

Atri Muni Singh Kushawaha @ Atri Muni Singh, S/o Late Radha Krishna Singh, R/o Village and P.O.- Naya Bhojpur, District- Buxar. 10.

Hari Shankar Rai, Son of Late Bimal Rai, Resident of Village- Mikundpura, P.O.Naya Bhojpur, P.S. Simari, District- Buxar. 11.

Bhola Singh @ Bhola Prasad Singh, Son of Late Hari Narayan Singh, Resident of Village- Bani, P.S.- Dhansoi, District- Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivani Mishra, Advocate Mr.Pragati Singh, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 04-12-2024 Re:I.A. No. 01 of 2024 Heard I.A. No. 01 of 2024 for condonation of delay in filing MJC. For the reasons stated in application and affidavit,

Patna High Court MJC No.4396 of 2019(5) dt.04-12-2024 2/2 delay of 59 days in filing MJC is condoned. Accordingly, I.A. No. 01 of 2024 stands allowed.

2. Heard MJC for restoration. The petitioner has sought for recalling the order dated 24.07.2019 passed in LPA No. 954 of 2018, it was dismissed for non-prosecution. For no fault on the part of the appellant he has been penalised, therefore, petitioner has made out a case for recalling the order dated 24.07.2019 passed in LPA No. 954 of 2018, accordingly, it is recalled while restoring LPA No. 954 of 2018

3. Registry is hereby directed to put up the LPA No. 954 of 2018 before the concerned Roster Bench at the earliest.

4. Hence, MJC No. 4396 of 2019 stands allowed. Subject to payment of cost of Rs. 2000/- (Rupees Two Thousand Only). Cost shall be remitted in the Patna High Court Legal Services Committee within a period of four weeks from today. (P. B. Bajanthri, J) ( S. B. Pd. Singh, J) abhishekkr/- U