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Patna High CourtMJC/4375/2024allowed

Rajesh Kumar Shrivastava v. The State Of Bihar Through The Chief Secretary

2025-04-04Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4375 of 2024 In Civil Writ Jurisdiction Case No.10517 of 2020 ====================================================== Rajesh Kumar Shrivastava S/o- Late Narendar Prasad Shrivastava R/o Sri Krishna Nagar, P.S.- - Motihari Town, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Main Secretariat, Patna, Bihar.

2.

Additional Chief Secretary, Department of Finance, Government of Bihar, Main Secretariat, Patna.

3.

Commissioner, Tirhut Division, Muzaffarpur.

4.

District Magistrate, West Champaran, Bettiah. 5.

Enquiry Conducting Cum Presenting Officer, West Champaran, Bettiah. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Pratap, Advocate Ms. Sashi Priya, Advocate For the State :

Mr. Sarvesh Kr. Singh (AAG-13) ====================================================== 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.4375 of 2024 has been filed for restoration of Civil Writ Jurisdiction Case No. 10517 of 2020 to its original file which was dismissed for default on 04.10.2024 due to non-compliance of the order dated 13.09.2024. Counsel submits that inadvertently, some defects could not be removed within the time prescribed and therefore, the case was dismissed for default. Counsel further submits that

Patna High Court MJC No.4375 of 2024(4) dt.04-04-2025 2/2 such mistake shall not take place in future.

3. As such, further two weeks' time is hereby granted to Counsel for the petitioner to comply the order dated 13.09.2024 for removal of defects as pointed out by the stamp reporter.

4. In this view of the matter, the present Miscellaneous Jurisdiction Case No.4375 of 2024 is hereby allowed and let, Civil Writ Jurisdiction Case No.10517 of 2020 be restored to its original file.

(Dr. Anshuman, J) Divyansh/- U