Patna High CourtMJC/3407/2018allowed

Pashupati Nath Sharma And ANR v. The State Of Bihar And ORS

2019-01-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3407 of 2018 In Civil Writ Jurisdiction Case No.3292 of 2015 ======================================================

1. Pashupati Nath Sharma, son of Late Shyam Kishore Singh

2. Rajesh Singh @ Rajesh Kumar @ Rajnish Kumar son of Sri Pashupati Nath Sharma Both resident of village Biman, P.O. Biman, P.S. Ariyari, District Sheikhpura.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Tanik Singh son of Late Banarsi Singh

3. Durga Devi Wife of Late Ajad Singh Both resident of village and P.O. Biman, P.S. Ariyari, District Sheikhpura.

(Applicants)... ...Opposite Parties 1st Set

4. Bhagirath Shamra son of Late Ram Narayan Singh resident of village Biman, P.S. Ariyari, District - Sheikhpura.

5. The Deputy Collector, Land Reform, Sheikhpura.

6. The District Magistrate, Sheikhpura.

... ... Opposite Parties 2nd Set ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar For the Respondent/s :

Mr.Md. Khurshid Alam Aag 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2019 Heard both sides.

Petitioners filed this restoration petition for restoring CWJC No.3292 of 2015, which was dismissed for nonprosecution on 06.08.2018. Learned counsel for the petitioners submits that the learned counsel appearing on behalf of the petitioners in CWJC No.3292 of 2015 left attending the court on behalf of the petitioners for the reasons best known to him but it appears from the order itself that none had appeared on behalf of the

Patna High Court MJC No.3407 of 2018(3) dt.16-01-2019 2/2 petitioners on many dates and consequently the writ petition was dismissed for non-prosecution.

In this view of the fact, the restoration petition is allowed and CWJC No.3292 of 2015 is restored to its original file subject to payment of cost of Rs.2000/- which shall be deposited in Patna High Court Legal Services Authority within one month.

(Prabhat Kumar Jha, J) S.KUMAR/- U