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Patna High CourtMJC/3574/2023allowed

Jai Prakash Narayan v. The State Of Bihar

2024-08-23Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3574 of 2023 In Civil Writ Jurisdiction Case No.4071 of 2018 ====================================================== Jai Prakash Narayan Son of Late Ram Chandra Prasad Resident of VillageLine Par, Mirzapur, P.S. and District-Nawada, at Present Flat No.-101, Lalita Apartment, S.P. Sinha Path, Just Behind Lalita Hotel, Eat Boring Canal Road, P.S. Kotwali, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Agriculture Department, Bihar, Patna. 3.

The Director Administration-cum-Additional Secretary Agriculture Department, Bihar, Patna.

4.

The Deputy Secretary, Agriculture Department, Bihar, Patna. 5.

Dr. Subhash Sharma, Commissioner, Departmental Enquiry, Ceneral Administration Department, Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar, Advocate For the Opposite Party/s :

Mr. Government Pleader 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-08-2024 Heard the parties.

2. On 25.09.2023, the case was disposed of as infructuous after recording the statement of the learned counsel for the petitioner that respondent no. 5 has died.

3. The present modification petition has been filed stating that actually he has retired and due to telephonic communication, it was wrongly submitted that the respondent no. 5 has died.

4. Accordingly, the order dated 25.09.2023 in CWJC

Patna High Court MJC No.3574 of 2023(4) dt.23-08-2024 2/2 No. 4071 of 2018 is modified to the following extent: "Mr. Mukesh Kumar, learned Counsel for the petitioner in the presence of Mr. Dhurjati Kumar Prasad, learned G.P. 14 submits that as the concerned respondent no.

5 has retired, the case has become infructuous.

He as such, wants its withdrawal.

Accordingly, the petition stands disposed of as infructuous."

5. This is subject to payment of Rs. 1,000/- to the Patna High Court Legal Services Committee.

6. The present petition (MJC No. 3574 of 2023) stands disposed of.

(Rajiv Roy, J) Adnan/- U