The Patna High Court allowed a restoration petition seeking to reinstate a writ petition (CWJC No.18292 of 2014) that had been dismissed due to non-prosecution on 05.12.2022, citing the petitioner's illness and sympathetic circumstances.
The restoration petition (MJC No.306 of 2023) was allowed, restoring CWJC No.18292 of 2014 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.306 of 2023 In
Civil Writ Jurisdiction Case No.18292 of 2014
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Amitesh Kumar S/o Late Narendra Kumar Prasad resident of Jakkanpur Gandhi Path, P.S. Jakkanpur, Dist. -Patna, Bihar presently posted as Lower Division Clerk in the Office of Finance (Audit) Patna.
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Rajendra Nath Sinha, Advocate For the Opposite Party/s : Mr.Prabhat Kumar Verma(Aag 3)
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 19-07-2023 The present petition has been filed for restoration of a writ petition bearing CWJC No.18292 of 2014, which has stood dismissed on account of non-prosecution by an order dated 05.12.2022.
The learned counsel for the petitioner has submitted that the counsel for the petitioner could not come to the Court as he was suffering from cold and fever and therefore, he could not attend the hearing of the case, when the case was called out for hearing on 05.12.2022, thus, a sympathetic view be taken and the aforesaid petition be restored to its original file.
Patna High Court MJC No.306 of 2023(3) dt.19-07-2023 2/2
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and proper to restore the aforesaid writ petition bearing CWJC No.18292 of 2014 to its original file.
The present restoration petition stands allowed.
(Mohit Kumar Shah, J)
kanchan/-
U
1 issue framed by the court
Whether the present restoration petition should be allowed to restore the original writ petition dismissed on account of non-prosecution.
Amitesh Kumar
The State of Bihar
The Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar
The Chief Controller -Accounts, Finance (Audit) Department, Govt. of Bihar
The Finance Commissioner, Govt. of Bihar
The Joint Secretary, Finance Department, Patna
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
