Allowed

Gopeshwar Kumar Ghosh v. The State of Bihar

Patna HC5 Apr 2023MJC/1393/2022

Case brief

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What is this about?

The High Court of Patna, in Miscellaneous Jurisdiction Case No. 1393 of 2022, restored a dismissed writ petition (C.W.J.C. no. 20348 of 2021) to its original file. The order allowed the restoration based on the petitioner's counsel's inability to appear due to engagement in another court. No substantive merits of the original petition were addressed.

What did the court decide?

The writ petition bearing C.W.J.C. no. 20348 of 2021 was restored to its original file for disposal.

Gopeshwar Kumar Ghosh Vs The State of… — Constitutional and Fundamental Rights | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1393 of 2022 In

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Civil Writ Jurisdiction Case No.20348 of 2021

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Gopeshwar Kumar Ghosh Son of Late Yogeshwar Ghosh Resident of Mohalla- Rasulpur Khurd, Tola- Allalpatti Ward No. 27, P.S.- D.M.C.H., District- Darbhanga (Bihar) presently resident of Ward No. 17 Near Old Post Office, Station Road, Suratganj, P.S.- Madhubani Sadar, District- Madhubani (Bihar).

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... ... Petitioner/s

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Versus

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The State of Bihar through Collector of the District Darbhanga.

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The Collector, Darbhanga.

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The Sub-Division Officer (S.D.O.) Sadar, Darbhanga.

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The Darbhanga Municipal Corporation through its Municipal Commissioner, Darbhanga.

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The Municipal Commissioner, Darbhanga.

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Shashi Nath Jha, Advocate For the Opposite Party/s : Mr.Abbas Haider (SC 6) For D.M.C. : Mr. Bindhyachal Rai, Advocate

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and

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HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

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3 05-04-2023 The present petition has been filed for restoration of

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a writ petition bearing C.W.J.C. no. 20348 of 2021, which has stood dismissed on account of non-prosecution by an order dated 26.07.2022.

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The learned counsel for the petitioner submits that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for

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Patna High Court MJC No.1393 of 2022(3) dt.05-04-2023 2/2

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hearing, thus, a sympathetic view be taken and the aforesaid writ petition be restored to its original file.

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Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the averments made in the present petition, we deem it fit and appropriate to restore the aforesaid writ petition bearing C.W.J.C. no. 20348 of 2021 to its original file.

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The present petition stands allowed.

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(Mohit Kumar Shah, J)

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( Shailendra Singh, J)

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rinkee/-

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Gopeshwar Kumar Ghosh v. The State of Bihar

Case brief

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Gopeshwar Kumar Ghosh v. The State of Bihar

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