On restoring a dismissed writ petition, the Patna High Court granted liberty to the petitioner to file a fresh writ petition on the same subject-matter within four weeks, considering subsequent developments.
Liberty granted to file a fresh writ petition on the same subject-matter within four weeks of the order date.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4671 of 2014 In
Civil Writ Jurisdiction Case No. 6464 of 2014
.... .... Opp. Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opp.Party/s : Mr. S.K.Saraf, AC to GP 18
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
The petitioner has filed the present application seeking restoration of C.W.J.C. 6464 of 2014, which stood dismissed for want of prosecution by an order dated 03.12.2014.
In the given facts of the present case, this Court is of the opinion that instead of restoring the aforesaid C.W.J.C. 6464 of 2014 to its original file, the interest of justice shall be sub-served if the petitioner is granted liberty to file a fresh writ petition in the same subject matter after bringing on record all the subsequent developments, if any, which might have taken place during the interregnum period. It is ordered accordingly.
If such a fresh writ petition is filed on behalf of the petitioner in the same subject matter within a period of four weeks from today with a certified copy of the present order, then the same shall be considered and decided on its own merit and that shall not be dismissed on the ground of the principles of res
Patna High Court MJC No.4671 of 2014 (2) dt.01-07-2015
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judicata in view of dismissal of C.W.J.C. No. 6464 of 2014 by aforesaid order dated 03.12.2014.
The present application stands finally disposed of with the observations and directions made above.
(Birendra Prasad Verma, J)
BTiwary/U
1 issue framed by the court
Whether the petitioner should be granted liberty to file a fresh writ petition regarding restoration of a dismissed writ petition.
Manoj Kumar Son of Late Suresh Mahto
The State of Bihar through District Magistrate, Begusarai
The Collector-Cum-Chairman, District Compassionate Committee, Begusarai
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
