Allowed

Shankar Kumar Khan v. the State of Bihar and Ors.

Patna HC10 May 2013MJC/487/2011

Case brief

AI extract

What is this about?

The High Court at Patna restored Civil Writ Jurisdiction Case No. 924 of 2011 after it was dismissed for default. The court found genuine reasons for the petitioner's absence and allowed the restoration of the case to its original file.

What did the court decide?

Petitioner's application posted for restoration of CWJC No.924 of 2011 was allowed and the case restored to its original file and number.

Shankar Kumar Khan Vs the State of Bihar and Ors. — Civil Procedure and Limitation | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Miscellaneous Jurisdiction Case No.487 of 2011

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Civil Writ Jurisdiction Case No. 924 of 2011

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====================================================== Shankar Kumar Khan in the representative capacity of villagers of villageBarahser, son of Sri Indranarayan Khan, resident of village Barahser, P.s. Bihra, District- Saharsa.

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.... .... Petitioner

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Versus

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The State of Bihar through its Secretary to Govt. in Department of Art, Culture and Youth, New Secretariat Building, Patna.

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The District Magistrate, Saharsa.

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The Executive Engineer, Rural Works Division No.1, Saharsa.

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The Superintendent, Physical Education, Koshi Division, Saharsa.

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The Deputy Development Commissioner-cum-Chairman of Panchayat Yuva Kira (Panchayat Youth sports), Saharsa.

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The B.D.O. Sattar Katiaya, P.S. Bihra District- Saharsa.

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The Anchal Adhikari, Sattar Katiya, District- Saharsa.

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The Mukhiya of Barasher Gram Panchayat, P.S. Bihara, DistrictSaharsa.

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.... .... opposite parties.

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====================================================== Appearance :

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For the Petitioner : Mr. Dharmendra Kumar Paswan, Advocate. For the opposite parties : Mr. Roy Shivaji Nath A A G 3

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====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)

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4 10-05-2013 This petition has been filed for restoration of CWJC

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No.924 of 2011 which was dismissed for default on 17.01.2011 as no one appeared for the petitioner when the case was called out for hearing in admission matter.

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Although learned counsel for the opposite parties – State vehemently opposes the contentions of learned counsel

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Patna High Court MJC No.487 of 2011 (4) dt.10-05-2013

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2/2

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for the petitioner, but from the averments made by learned counsel for the petitioner and the materials on record, it appears that some genuine reasons have been shown which prevented learned counsel for the petitioner from appearing in Court on the said date.

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Accordingly, this petition is allowed and CWJC No.924 of 2011 is restored to its original file and number.

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(S.N. Hussain, J)

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(Ahsanuddin Amanullah, J)

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Sunil/-

Shankar Kumar Khan v. the State of Bihar and Ors.

Case brief

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Shankar Kumar Khan v. the State of Bihar and Ors.

Case brief

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