Sri Brinda Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5064 of 2019 In Civil Writ Jurisdiction Case No.9475 of 2018 ====================================================== Sri Brinda Pandey Son of Late Laxmi Pandey resident of Village and PostNaur, Police Station- Nabinagar, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Principal Secretary, Department of Home, Government of Bihar, Patna. 3.

The Inspector General of Prisons, Bihar, Patna. 4.

The Finance Commissioner, Bihar, Patna.

5.

The Director, Inspectorate of Prison and Correctional Services, Home Department, Bihar, Patna.

6.

The Jail Superintendent, Khagaria.

7.

The Treasury Officer, Aurangabad.

8.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.Rajib Ranjan Jha, Adv.

Mr. S.N.Pathak, Adv.

For the State :

Ms. Divya Verma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-08-2024 The present petition has been filed for restoration of a writ petition bearing CWJC No. 9475 of 2018, which has stood dismissed for default on account of non-compliance of the peremptory order dated 4.11.2019.

2.

The learned counsel for the petitioner submits that the substitution petition has already been filed in the aforesaid writ petition, hence, a sympathetic view be taken and the aforesaid writ petition be restored to its original file.

Patna High Court MJC No.5064 of 2019(3) dt.09-08-2024 2/2 3.

Having regard to the facts and circumstances of the case as also considering the averments made in the present petition, though I deem it fit and proper to restore the aforesaid writ petition bearing CWJC No. 9475 of 2018 to its original file, however, subject to the registry verifying as to whether any substitution petition has been filed for substituting the legal heirs of the deceased original writ petitioner. 4.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U