Upendra Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3605 of 2023 In Civil Writ Jurisdiction Case No.11953 of 2021 ====================================================== Upendra Malakar son of Late Shanichara Malakar, Resident of Basantpur, Police Station and Post Office-Basantpur District Siwan, Pin Code-841406. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Secretary General Administration, Government of Bihar, Patna. 4.

The District Magistrate, Siwan.

5.

The District Education Officer, Siwan.

6.

The Civil Surgeon cum Chief Medical Officer, Siwan. 7.

The Medical Officer Primary Health Centre, Basantpur, Siwan. 8.

The Treasury Officer Siwan Treasury, Siwan.

9.

The Accountant General Bihar, Patna.

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

For the Petitioner/s :

Mr.Ravi Shanker Pankaj For the Opposite Party/s :

Mr.Government Pleader 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2024 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 11953 of 2021, which has stood dismissed for non-prosecution, vide order dated 3.11.2023.

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 writ petition was dismissed for want of prosecution, thus a sympathetic view be taken and the

Patna High Court MJC No.3605 of 2023(3) dt.21-06-2024 2/2 aforesaid writ petition be restored to its original file. 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 appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No. 11953 of 2021 to its original file.

4.

The present petition stands allowed.

(Mohit Kumar Shah, J) Ajay/- U