Smt. Kamini Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3673 of 2023 In Miscellaneous Jurisdiction Case No.1978 of 2019 ====================================================== Smt. Kamini Devi W/o Sri Narendra Narain Mallik, Resident of Shastri Nagar, P.S. K. Hat, P.O.- Purnia, District- Purnia (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Shri Ugresh Prasad Mandal, District Education Officer, Madhepura, DistrictMadhepura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Kunal Tiwary, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2024 The present petition has been filed for restoration of a petition bearing MJC No.1978 of 2019, which has stood dismissed on account of non-prosecution by an order dated 16.08.2023.

2. The learned counsel for the petitioner has submitted that since the earlier counsel was not taking any interest in the case and he had not appeared on the date when the aforesaid contempt petition was called out for hearing, the same had stood dismissed for default, nonetheless, now the petitioner has taken no objection from the said counsel whereafter, the present advocate has been engaged in the matter, hence a sympathetic view be taken and the aforesaid contempt petition be restored to its original file.

Patna High Court MJC No.3673 of 2023(2) dt.13-12-2024 2/2

3. Having regard to the submission 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 petition bearing MJC No.1978 of 2019 to its original file.

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