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Patna High CourtMJC/5327/2019allowed

Mahendra Prasad Yadav v. The State Of Bihar

2020-01-23Mr. Justice Ashwani Kumar Singh,Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5327 of 2019 In Letters Patent Appeal No.2169 of 2016 ====================================================== Mahendra Prasad Yadav Son of Munshi Prasad Yadav Resident of VillageBisharia, Police Station- Korha, District- Katihar (Bihar). ... ... Petitioner

Versus

1.

The State of Bihar 2.

Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3.

District Magistrate, Purnea.

4.

Purnea Municipal Corporation, Purnea through Municipal Commissioner, Purnea.

5.

Municipal Commissioner, Purnea Municipal Corporation Purnea. 6.

Executive Officer, Purnea Municipal Corporation, Purnea. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyanand Roy, Adv.

For the Opposite Party/s :

Mr. Yogendra Prasad Sinha (AAG 7) For the Purnea Municipal Corporation, Purnea :

Mr. Bijendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) 23-01-2020 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the Purnea Municipal Corporation, Purnea.

This application has been filed by the petitioner for restoration of LPA No. 2169 of 2016 which was dismissed for want of prosecution on 28.11.2019 It is submitted by the learned counsel for the

Patna High Court MJC No.5327 of 2019(3) dt.23-01-2020 2/2 petitioner that due to some confusion when LPA No. 2169 of 2016 was called out on 28.11.2019, the counsel for the appellant could not appear as a result of which the letters patent appeal got dismissed for want of prosecution.

Learned counsel for the opposite parties do not oppose the prayer for restoration of the letters patent appeal. Regard being had to the pleadings made in the restoration application as well as the submissions made at the Bar, the prayer is allowed. LPA No. 2169 of 2016 is directed to be restored to its original file.

(Ashwani Kumar Singh, J) ( Partha Sarthy, J) Pradeep/- U