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Patna High CourtMJC/5136/2019allowed

Niwaran Prasad Tiwari v. The State Of Bihar

2020-02-19Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5136 of 2019 Arising out of Civil Writ Jurisdiction Case No.13254 of 2019 ====================================================== Niwaran Prasad Tiwari, gender male, aged about 69 years, S/o Radha Prasad Tiwari Resident at Ward No. 19 , R.B. Tarni Parsad Lane, P.S. Tatarpur, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna 2.

The Chairman of Bihar State Board of Religious Trust, Bihar, Patna 3.

The Secretary of Bihar State Board of Religious Trust, Bihar, Patna 4.

The District Magistrate Bhagalpur, District- Bhagalpur 5.

The Sub Divisional Officer Bhagalpur, Sadar, Bhagalpur 6.

The Anchaladhikari Jagdishpur, District- Bhagalpur 7.

The Chairman of Tormal Dilsukh Rai Dharamshala Nyas Samittee, Bhagalpur, District- Bhagalpur 8.

The Secretary of Tormal Dilsukh Rai Dharamshala Nyas Samitee, Bhagalpur, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Poonam Mishra, Advocate For the State :

Mr. Md. Khurshid Alam, AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-02-2020 Heard learned counsel for the petitioner and learned AAG 12 for the State.

2. The present application has been filed seeking recall of order dated 29.11.2019 passed in CWJC No. 13254 of 2019 by which the writ petition was dismissed due to nonprosecution.

3. Upon hearing learned counsel for the petitioner and

Patna High Court MJC No.5136 of 2019 dt.19-02-2020 2/2 going through the averments made in the application, the Court finds that sufficient cause has been shown for non-appearance of learned counsel for the petitioner on 29.11.2019 when CWJC No. 13254 of 2019 was dismissed.

4. In view thereof, the application is allowed. CWJC No. 13254 of 2019 stands restored to its original file and number.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U