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Patna High CourtMJC/14/2024allowed

Tinku Kumari v. The State Of Bihar

2026-03-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.14 of 2024 In Civil Writ Jurisdiction Case No.6468 of 2023 ====================================================== Tinku Kumari Wife of Nilesh Kumar Ray Resident of Village- Makandpur Near Sudha Dairy, Makadpur Panchayat- Ranuchak Makandpur, Police Station- Nathnagar, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Divisional Commissioner, Bhagalpur. 2.

The Divisional Commissioner, Bhagalpur.

3.

The District Magistrate Cum Collector, Bhagalpur. 4.

The District Programme Officer, Bhagalpur.

5.

The Child Development Project Officer, Nathnagar within the district of Bhagalpur.

6.

The Lady Supervisor, Child Development Programme, Nathnagar within the district of Bhagalpur.

7.

Ward Member of Ward No-7 of Gram Panchayat Ranuchak, Bhagalpur. 8.

Ward Panch of Ward No.- 7 of Gram Panchayat, Ranuchak within the district of Bhagalpur.

9.

Renu Bharti, Wife of Shri Sheo Kumar Ray Resident of Village- Makandpur, Post Office at Ranuchak, Police Station- Nathnagar, District- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sunil Kumar Mandal, SC-3 Ms. Bittu Kumari, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-03-2026 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 6468 of 2023, which has stood dismissed for nonprosecution vide order dated 08.11.2023. 2.

The Ld. Counsel for the petitioner submits that the Ld. Senior Counsel, who had to argue the

Patna High Court MJC No.14 of 2024(3) dt.11-03-2026 2/2 present writ petition, had gone outside station for his medical treatment and the file pertaining to the present case was lying in his office and the petitioner, who also stays outside Patna, could not contact the other counsel for the purposes of requesting him to appear in the present case, leading to non-appearance of the counsel for the petitioner when the present writ petition was called out for hearing. Thus it is submitted that a sympathetic view be taken and the 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 Ld. Counsel for the petitioner as also taking into account 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. 6468 of 2023 to its original file. 4.

The present petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U