Rajendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4504 of 2024 In Civil Writ Jurisdiction Case No.13147 of 2022 ====================================================== Rajendra Ray S/o Sarikhan Ray, R/o- Kewari Kala, P.O.- Pakri Mohammad, P.S.- Amnour, District- Saran, State- Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Land Reforms Department, Govt. of Bihar. 3.

Sri Aman Samir, District Magistrate, Saran.

4.

Dr. Prena Kumari, In-Charge Deputy Collector, Land Reforms, Marhaurah Saran.

5.

Sri Mritunjay Kumar, Circle Officer, Amnour Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Government Pleader 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-04-2025 The present petition has been filed for restoration of a petition bearing MJC No.3532 of 2023, which has stood dismissed for default on account of non-compliance of the peremptory order dated 06.09.2024.

2.

The learned counsel for the petitioner has submitted that since the petitioner is a senior citizen aged about more than 75 years, he could not properly instruct his counsel for removing the defects in question within the stipulated time frame, leading to dismissal of the aforesaid petition for default, hence it is prayed that sympathetic view be taken and the aforesaid petition be restored to its original file.

Patna High Court MJC No.4504 of 2024(3) dt.25-04-2025 2/2 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 proper to restore the aforesaid petition bearing MJC No.3532 of 2023 to its original file, subject to removal of defects pointed out by the registry, within a period of four weeks from today.

4.

The present restoration petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U