Allowed

Sanjay Kumar Mahto v. The Union of India through the Finance Secretary, Ministary of Finance Government of India

Patna HC5 Apr 2023MJC/376/2022

Case brief

AI extract

What is this about?

This is a miscellaneous order quashing an order of dismissal for non-prosecution of Writ Petition C.W.J.C. 1174 of 2020, and restoring it to the regular file due to lack of proper notice to the petitioner's counsel.

What did the court decide?

Restoration of the writ petition C.W.J.C. no. 1174 of 2020 to its original file.

What the court decided

Sanjay Kumar Mahto Vs The Union of India through the… — Writ and Judicial Review | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.376 of 2022

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Civil Writ Jurisdiction Case No.1174 of 2020

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Sanjay Kumar Mahto S/o Amarjeet Mahto Resident of Village-Ward No. 12, Akhtiyarpur Chandauli, Block Pusa, P.S. Tajpur, (Waini O.P.), DistrictSamastipur. ... ... Petitioner/s

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Versus

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The Union of India through the Finance Secretary, Ministary of Finance Government of India, New Delhi.

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The State of Bihar to the Chief Secretary, Government of Bihar, Government of Bihar, Patna.

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The Chief Secretary Government of Bihar, Patna.

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The Principal Secretary, Industry Department, Govt. of Bihar, Patna.

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The Principal Secretary Finance Department, Government of Bihar, Patna.

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The District Industries Centre (DIC) through its General Manager Samastipur, Mohanpur Industrial Estate, P.S. Samastipur (Muffasil). DistrictSamastipur.

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Punjab National Bank general Manager, Mumbai Head Quarter, India.

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The Zonal Manager, Punjab National Bank, R-Block, Chanakya Place, Patna-800001.

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The Circle Manager, Punjab National Bank, Darbhanga Circel, New Radio Station, GM Road, District-Darbhanga, 846004.

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Punjab National Bank Branch Manger, Morsand Branch Morsand Chowk Police Officer, Birauli, Police Station District-Samastipur, Pin-848121.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shambhu Sharan Singh, Advocate For the S.O.B. : Mr. Kinkar Kumar, SC 9 For the PNB : Mr. Mrityunjay Kumar, Advocate : Mr. Ram Ganesh, Advocate : Ms. Shilpi Singh, Advocate : Mr. Vibhuti Kumar, Advocate

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====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and 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. 1174 of 2020, which has stood dismissed on account of non-prosecution by an order

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Patna High Court MJC No.376 of 2022(3) dt.05-04-2023 2/2

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dated 21.12.2021.

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The learned counsel for the petitioner submits that the petitioner has engaged the present counsel after seeking no objection from the earlier counsel, however, on account of certain confusion, he could not appear on the day, the aforesaid writ petition was called out for hearing since he had not received any message regarding posting of the aforesaid writ petition for hearing on the said date, hence, it is submitted that 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. 1174 of 2020 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/- U

Sanjay Kumar Mahto v. The Union of India through the Finance Secretary, Ministary of Finance Government of India

Case brief

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Sanjay Kumar Mahto v. The Union of India through the Finance Secretary, Ministary of Finance Government of India

Case brief

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What the court decided

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