Kumari Sarita @ Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2708 of 2022 In Civil Writ Jurisdiction Case No.18389 of 2014 ====================================================== Kumari Sarita @ Sarita Devi Wife of Shiv Bachan Kumar, Resident of Village- Kalyanpur Mathiya, P.S.- Sidhwaliya, Block Barauli, DistrictGopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Department of Social Welfare, Govt. of Bihar, Patna.

3.

The Director, I.C.D.S., Govt. of Bihar, Patna. 4.

The District Magistrate, Gopalganj.

5.

The Child Development Project Officer, Barauli, Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam, Advocate For the State :

Mr.Gyan Prakash Ojha, GA-7 Mr. Abhiskhek Singh, AC to GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-03-2024 The present petition has been filed for restoration of a writ petition bearing CWJC No.18389 of 2014, which has stood dismissed on account of non-prosecution by an order dated 05.12.2022.

2.

The learned counsel for the petitioner has submitted that since the counsel for the petitioner could not ascertain the exact date and time of hearing of the aforesaid writ petition, he could not attend the case when the case was called out for hearing, leading to dismissal of the aforesaid writ petition for want of prosecution, thus, a sympathetic view be

Patna High Court MJC No.2708 of 2022(2) dt.01-03-2024 2/2 taken and the aforesaid petition be restored to its original file. 3.

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 proper to restore the aforesaid writ petition bearing CWJC No.18389 of 2014 to its original file.

4.

The present restoration petition stands allowed. (Mohit Kumar Shah, J) kanchan/- U