Subhash Prasad Singh v. The State Of Bihar Through Principal Secretary Department Of Revenue And Land Reform

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.42 of 2025 In Civil Writ Jurisdiction Case No.5017 of 2016 ====================================================== Subhash Prasad Singh S/o Late Deo Prasad singh alias Lal Babu Singh, Resident of Mohalla Gola Road, Bichli Road, Danapur, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Department of Revenue and Land Reform Govt. of Bihar, Patna.

2.

The District Magistrate cum Collector, Patna. 3.

The Additional Collector, Patna.

4.

Dy. Collector Land Reforms, Danapur.

5.

Krishna Ranjan Mallick, S/o Saroj Kumar Mallick, Village- Kohua Via Benipur, P.S.- Birauli, Dist.- Darbhanga.

6.

Raj Lakshmi Sinha, W/o Late Prabhat Kumar Sinha, Mohalla - North Mandiri, P.s.- Budha Colony, Dist. - Patna.

7.

Srimani Devi, W/o Sri Ram Niwas Sharma, Resident of Sharma Niwas,Village - Akuri, P.s.- Paliganj, Dist.- Patna. 8.

Manju Kumari, D/o- Late Hari Charan Sharma, Mohalla - Vastu Ganga, Gola Road, P.S. - Danapur, Dist- Patna.

9.

Dharamshila Devi, W/o Late Ramesh Prasad Singh, Resident of Mohalla - Rukunpura, P.S. - Rupaspur, Dist.- Patna, Dist.- Patna. 10.

Arbind Kumar, S/o-Ram Krishna Bhagat, Mohalla - Saguna, P.s. - Danapur, Dist.- Patna.

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

For the Petitioner/s :

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

Mr. Additional Advocate General 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present application has been filed for restoration of CWJC No. 5017 of 2016 to its original file.

3. Learned counsel for the petitioner submits that vide

Patna High Court MJC No.42 of 2025(3) dt.01-08-2025 2/2 order dated 08.08.2024 passed by this Court, the writ application bearing CWJC No. 5017 of 2016 was dismissed for default. Learned counsel further submits that there is no willful or deliberate absence of the petitioner on the three consecutive dates, rather the absence has been caused due to noncommunication of the learned advocate on record with the petitioner. Learned counsel, therefore, prays that the present restoration application may be allowed.

4. Learned counsel for the State raised no objection to the prayer made on behalf of the petitioner.

5. Considering the statements made in the application and the submissions made in support thereof, the present restoration application is allowed and CWJC No. 5017 of 2016 is restored to its original file.

(Rudra Prakash Mishra, J) Alok Verma/- U T