Jiyaur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3655 of 2023 In Civil Writ Jurisdiction Case No.6605 of 2023 ====================================================== Jiyaur Rahman Son of Shamsul Haque, Resident of village Kasba, Mahesi, Mugalpura, P.S.- Mahesi, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Prohibition, Excise and Registration, Government of Bihar, New Secretariat, Patna.

2.

The District Sub Registrar, East Champaran, Motihari. 3.

The District Magistrate, East Champaran, Motihari. 4.

The Circle Officer, Mahesi, District- East Champaran, Motihari. 5.

Md. Fazular Rahman, Son of Late Sherajul Haque Ansari, Resident of village- Kasba Mahesi, Mugalpura, P.S.- Mahesi, District- East Champaran, Motihari.

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

For the Petitioner/s :

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

Mr. Government Pleader 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-04-2025 Learned Counsel for the petitioner and Learned Counsel for the State are present.

2. Learned Counsel for the petitioner submits that the present Miscellaneous Jurisdiction Case No.3655 of 2023 has been filed for restoration of Civil Writ Jurisdiction Case No. 6605 of 2023 to its original file which was dismissed for default on 25.09.2023 due to non-compliance of the order dated 11.09.2023 within time prescribed. Counsel submits that vide order dated 11.09.2023, a direction was given by this Court for

Patna High Court MJC No.3655 of 2023(4) dt.04-04-2025 2/2 issuance of notice upon Respondent no.5 under both processes, but requisites etc. for issuance of notice could not be filed within the time prescribed. Counsel submits that it is an inadvertent mistake and in future, such mistake shall not take place.

3. As such, one week further time is hereby granted to Counsel for the petitioner to comply the order dated 11.09.2023 for issuance of notice upon Respondent no.5. Office is directed that in case of compliance of order dated 11.09.2023, notices be accepted.

4. In this view of the matter, the present Miscellaneous Jurisdiction Case No.3655 of 2023 is hereby allowed and let, Civil Writ Jurisdiction Case No.6605 of 2023 be restored to its original file.

(Dr. Anshuman, J) Divyansh/- U