Akhtar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2745 of 2022 In Civil Writ Jurisdiction Case No.20892 of 2014 ====================================================== Akhtar Hussain S/o Late Faqhir Mohammad, retired Clerk, Circle Office, Saurbazar, District- Saharsa, resident of Village and Post- Kajechand Chhapra, P.S.- Goraul, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Saharsa. 2.

The Collector Saharsa, Saharsa.

3.

The Anchal Adhikari (C.O.), Saurbazar, Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madan Prasad Singh No.2, Advocate For the Opposite Party/s :

Mr.Md. Khurshid Alam (Aag 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-10-2024 1.

Heard learned counsel for the parties concerned. 2.

The present petition has been filed for restoration of a writ petition bearing C.W.J.C. no. 20892 of 2014, which has stood dismissed for default vide order dated 05.12.2022. 3.

Learned counsel for the petitioner submits that on 05.12.2022, there was acute pain in abdomen of petitioner's advocate, as such he could not appear when the case was called out, hence, a sympathetic view may be taken and the aforesaid writ application be restored to its original file. 4.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the averments made

Patna High Court MJC No.2745 of 2022(3) dt.25-10-2024 2/2 in the present petition, I deem it fit and appropriate to restore the aforesaid writ petition bearing C.W.J.C. no. 20892 of 2014 to its original file.

5.

The present petition stands allowed.

(Anil Kumar Sinha, J) rinkee/- U