Allowed

Ragho Mistry @ Raghav Mistry v. The State Of Bihar and Ors.

Patna HC1 Aug 2018MJC/2852/2017

Case brief

AI extract

What is this about?

This order allows a restoration petition (MJC No.2852 of 2017) seeking revival of Civil Writ Jurisdiction Case (CWJC) No.10423 of 2006. The petition arose from non-compliance with a prior peremptory order regarding requisites for notices to legal heirs, which were filed late.

What did the court decide?

CWJC No. 10423 of 2006 is restored to its original file and number; office directed to issue notices to legal heirs of respondent no.7.

Ragho Mistry @ Raghav Mistry Vs The State Of… — Civil Procedure and Limitation | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2852 of 2017

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Civil Writ Jurisdiction Case No. 10423 of 2006

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Ragho Mistry @ Raghav Mistry, Son of Sheo Balak Mistry, Resident of Village- Jurahi, P.S.- Madanpur, District- Aurangabad.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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The Additional Member, Board of Revenue, Bihar, Patna.

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The Additional Collector, Aurangabad.

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The Deputy Collector, Land Reforms, Aurangabad.

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Deo Shankar Sao,

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Gauri Shankar Sao, Both 5 & 6 are sons of Late Mahabir Sao,

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Kameshwar Pathak, Son of Raja Pathak, All are resident of VillageUmga Tola Bang Bangri, P.S.- Madanpur, District- Aurangabad.

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.... .... Respondent/s

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

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For the Petitioner/s : Mr. Shailesh Kumar Singh For the Respondent/s : Mr. Khurshid Alam - Aag 12

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======================================================

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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER

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4 01-08-2018 This petition has been filed for restoration of CWJC No.10423 of 2006 which stood dismissed due to non compliance of peremptory order dated 27.01.2017.

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Learned counsel appearing for the petitioner submits that vide order dated 27.01.2017 passed in CWJC No.10423 of 2006, the petitioner was directed to file requisites for issuance of notices to the proposed legal heirs of deceased respondent no. 7 but unfortunately, the aforesaid requisites could not be filed in time.

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Patna High Court MJC No.2852 of 2017 (4) dt.01-08-2018

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2/2

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However, necessary requisites were filed after expiry

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of the period fixed by this Court.

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In view of the aforesaid submission, this restoration petition is allowed and accordingly, CWJC No. 10423 of 2006 is restored to its original file and number.

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The office should take steps for issuance of notices to the proposed legal heirs of respondent no. 7 in the light of order dated 27.01.2017, if the necessary requisites had already been filed.

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In the aforesaid manner, this petition stands disposed

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of.

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(Hemant Kumar Srivastava, J)

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N.K/-

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Ragho Mistry @ Raghav Mistry v. The State Of Bihar and Ors.

Case brief

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Ragho Mistry @ Raghav Mistry v. The State Of Bihar and Ors.

Case brief

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