Vijay Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 723 of 2018 Arising out of Civil Writ Jurisdiction Case No. 5304 of 2011 ======================================================

1. Vijay Kumar, son of Late Indradeo Singh

2. Amardip Kumar, son of Late Indradeo Singh

3. Ajay kumar, son of Late Indradeo Singh All resident of Village- RamjiChak, Bhatahari, P.O.- Biyapur, P.S.- Maner, Dist-Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Chief Engineer National Highway, Bihar, Patna

3. The Superintendent Engineer, National Highway, Mach, Division, Muzaffarpur, Bihar

4. The Accountant General, Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 20-06-2018 Heard learned counsel for the petitioners. Nobody appears on behalf of the State.

2. The present application has been filed seeking recall of the order dated 22.02.2018 passed in C.W.J.C. No. 5304 of 2011, by which the case was dismissed for non prosecution.

3. Upon hearing learned counsel for the parties and going through the averments made in the application, the Court finds that sufficient cause has been shown by learned counsel for not having appeared on 22.02.2018, when the case was dismissed for non prosecution.

Patna High Court MJC No.723 of 2018 dt.20-06-2018 2/2

4. In view thereof, the order dated 22.02.2018, passed in C.W.J.C. No. 5304 of 2011, stands recalled.

5. The aforesaid writ petition stands restored to its original file and number.

6. The application stands disposed off.

(Ahsanuddin Amanullah, J) P. Kumar AFR/NAFR U