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Patna High CourtMJC/3585/2023allowed

Virendra Kumar @ Birendra Kumar v. The State Of Bihar

2024-01-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3585 of 2023 In Civil Writ Jurisdiction Case No.5537 of 2022 ====================================================== Virendra Kumar @ Birendra Kumar Son of Sri Ram Chandra Ram, R/o Flat No. 304, Chaturbhuj Apartment, Munnachak, P.S. Kankarbagh, District- Patna - 800020.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Bihar. 2.

The Principal Secretary, Co-operative Department, Government of Bihar, Patna.

3.

The Additional Chief Secretary, General Administration Department, Government of Bihar.

4.

Dy. Secretary, Co-operative Department, Government of Bihar, Patna. 5.

Chief Enquiry Commissioner, General Administration Department, Government of Bihar.

6.

Enquiry Commissioner- Cum- Secretary Transport Department, Bihar, Patna.

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

For the Petitioner/s :

Mr.Kishore Kunal, Advocate For the Opposite Party/s :

Mr.Mahtab Alam, AC to SC-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2024

1. The present petition has been filed for restoration of a writ petition bearing CWJC No.5537 of 2022, which has stood dismissed on account of non-prosecution by an order dated 29.11.2023.

2. The learned counsel for the petitioner has submitted that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid petition was dismissed on account of non- prosecution, thus a sympathetic view be taken

Patna High Court MJC No.3585 of 2023(2) dt.19-01-2024 2/2 and the aforesaid writ petition be restored.

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.5537 of 2022 to its original file.

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