Hasnat Jamil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2201 of 2018 In Civil Writ Jurisdiction Case No.3161 of 2017 ====================================================== Hasnat Jamil Son of Dr. Jamil Ahmad R/o Vill-Gauhara, P.O.-Pinjrawan, P.S.- Kurtha, Dist-Arwal, Bihar ... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, Minority Welfare, Govt. of Bihar, Patna 2.

The District Magistrate Patna 3.

Bihar State Shia Waqf Board through its Chief Executive Officer, Patna 4.

The Senior Superintendent of Police Patna 5.

Fazal Imam Public Religious and Charitable Trust through its Muttawali, Seher Ali Saini, Daughter of Late Faiz Murtaza Ali, and wife of Shri Bhisham Saini, resident of 48, Uday Park, Khelgaon, New Delhi ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Amitabh Sohan For the State :

Mr.Durgesh Nandan AAG 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-08-2019 This application under Article 226 of the Constitution of India has been filed by the petitioner for restoration of CWJC No.3161 of 2017, which stood dismissed for want of prosecution on 02.05.2018.

Learned counsel for the petitioner submitted that on 02.05.2018, he was not present in the court due to bereavement in the family and had requested a colleague to attend the case, but but he did not turn up when the case was called out as he was engaged in his own case in another court as a result of which the case stood dismissed for want of

Patna High Court MJC No.2201 of 2018(3) dt.07-08-2019 2/2 prosecution. He contended that there was no deliberate or willful laches on the part of the petitioner. Having regard to the submissions made above, the restoration application is allowed.

CWJC No.3161 of 2017 is restored to its original file. (Ashwani Kumar Singh, J) kanchan/- U