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Patna High CourtMJC/90/2024allowed

Suresh Choudhary v. The State Of Bihar,

2025-05-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.90 of 2024 In Civil Writ Jurisdiction Case No.13316 of 2021 ====================================================== Suresh Choudhary Son of Late Basu Choudhary Resident of Krishna, Road No. 5, Muzaffarpur, P.S.- Barhanpura, District- Muzaffarpur, then posted as a Superintendent, District- Jail, Bettiah.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Home Department (Jail and Reform Services Directorate), Government of Bihar, Patna. 2.

The Principal Secretary, Home Department (Jail and Reform Services Directorate), Government of Bihar, Patna.

3.

The Additional Chief Secretary, Jail and Reform Service Directorate, Home Department (Jail), Bihar, Patna.

4.

The Joint Secretary-cum-Director (Administration), Jail and Reform Service Directorate, Government of Bihar, Patna.

5.

The Inspector General, Jail and Reform Services Inspectorate, Government of Bihar, Patna.

6.

The Joint Commissioner (Departmental Enquiry), Tirhut Commissionaire, Muzaffarpur.

7.

The Circle Officer, Central Jail, Motihari.

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

For the Petitioner/s :

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

Mr. Md. Irshad, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-05-2025 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 13316 of 2021, which has stood dismissed for want of prosecution vide order dated 30.11.2023.

2.

The learned counsel for the petitioner has submitted that the counsel for the petitioner

Patna High Court MJC No.90 of 2024(2) dt.16-05-2025 2/2 had fallen ill suddenly and therefore, he could not attend the hearing of the case, when the case was called out for hearing on 30.11.2023, thus, a sympathetic view be taken and the aforesaid petition be restored to its original file.

3.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned 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. 13316 of 2021 to its original file.

4.

The present petition stands allowed.

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