Petitioner sought restoration of a writ petition dismissed for default due to the absence of arguing counsel. The High Court allowed the restoration order on 12-07-2023 after hearing counsel.
Restoration of the writ petition bearing C.W.J.C. No.21214 of 2021 to its original file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1414 of 2022
In
Civil Writ Jurisdiction Case No.21214 of 2021
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Surya Pratap Singh (M), aged about 51 years, Son of Late Keshavendra Pratap Singh, Resident of Tarkeshwar Sadan, New Kulharia House, Exhibition Road, P.O.- GPO, P.S.- Gandhi Maidan, District- Patna- 800001.
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Vivek Kumar Singh, Advocate For the Opposite Party/s : Mr.Abbas Haider (SC6) For the PMC : Mr. Prasoon Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
4 12-07-2023 The present petition has been filed to restore a writ petition bearing C.W.J.C. No.21214 of 2021, which was dismissed for default, by an order dated 26.07.2022, passed by this Court.
Patna High Court MJC No.1414 of 2022(4) dt.12-07-2023 2/2
The learned counsel for the petitioner submits that since the arguing counsel for the petitioner was busy in another court, he could not attend the proceedings of the present case when the same was called out for hearing, hence a sympathetic view be taken and the aforesaid writ petition be restored to its original file.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the averments made in the present petition, we deem fit and proper to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No.21214 of 2021 to its original file.
The present restoration petition stands allowed.
(Mohit Kumar Shah, J)
( Shailendra Singh, J)
Sanjay/-Ajay
U
1 issue framed by the court
Whether the writ petition bearing C.W.J.C. No.21214 of 2021 should be restored after being dismissed for default.
Surya Pratap Singh
State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar
District Magistrate, Patna
Senior Superintendent of Police, Patna
Patna Municipal Corporation, Patna through the Municipal Commissioner
Digvijay Singh
Mohit Kumar Shah
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
