Disposed¶18

Yashweer Kumar v. The State of Bihar through the Home Secretary

Patna HC13 Dec 2024MJC/3627/2024

Case brief

AI extract

What is this about?

Restoration of writ petition dismissed for default; MJC 3627 of 2024 in CWJC 10736 of 2022; Patna High Court; filing within statutory limitation; sufficient cause for non-appearance at hearing; dismissal-for-default order dated 30-09-2024 set aside; writ petition restored to file; fresh notice by both modes to Respondent Nos. 1 to 4; requisites within one week; Bibek Chaudhuri, J; decision date 13-12-2024.

What did the court decide?

Order of dismissal for default dated 30-09-2024 set aside; C.W.J.C. No. 10736 of 2022 restored to file; petitioner directed to serve fresh notice by both modes on Respondent Nos. 1 to 4 with requisites to be filed within one week; M.J.C. No. 3627 of 2024 disposed of accordingly. ¶18

Yashweer Kumar Vs The State of Bihar through the Home Secretary — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether the application for restoration (M.J.C. No. 3627 of 2024) was filed within the statutory period of limitation. +1 more

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Court's answer

The M.J.C. for restoration of the writ petition was filed on 1st October, 2024, i.e., well within the statutory period of limitation.

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Ratio / Principle

The petitioner has been able to establish sufficient ground for his non-appearance when the matter was called on for hearing.

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Key takeaways

The order dated 30th September, 2024 dismissing C.W.J.C. No. 10736 of 2022 for default is set aside and the writ petition is restored to the file of the Patna High Court.ratio¶18
The petitioner is directed to serve fresh notice by both modes in C.W.J.C. No. 10736 of 2022 upon Respondent Nos. 1 to 4 for hearing of the writ petition, with requisites to be filed within one week from the date of the order.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Bibek Chaudhuri, J.), oral order dated 13-12-2024 in Miscellaneous Jurisdiction Case No. 3627 of 2024 (filed 01-10-2024) arising out of Civil Writ Jurisdiction Case No. 10736 of 2022: Application for restoration of the writ petition, which had been dismissed for default by order dated 30-09-2024. The Court found that the restoration application was filed well within the statutory period of limitation and that the petitioner had established sufficient ground for his non-appearance when the matter was called on for hearing. Accordingly, the dismissal-for-default order dated 30-09-2024 was set aside and the writ petition was restored to file. The petitioner was directed to serve fresh notice by both modes on Respondent Nos. 1 to 4, filing requisites within one week. The M.J.C. was disposed of accordingly.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3627 of 2024 In

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Civil Writ Jurisdiction Case No.10736 of 2022

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

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Yashweer Kumar, S/o- Sri Kamlesh Singh, R/o- Vill- Kharawaniya, P.O.Bhatauli, P.S.- Nawanagar, District- Buxar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Home Secretary, Govt. of Bihar, Patna.

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The Director General of Police, Bihar, Patna.

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The Additional Chief Secretary, Department Home, Govt. of Bihar, Patna.

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The Deputy Inspector General of Police Sahabad Range, Dehri-on Sone.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Kumar Singh, Advocate For the Opposite Party/s : Mr.Deepak Kumar, AC to GP 4 ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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3 13-12-2024

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This is an application for restoration of C.W.J.C. No. No. 10736 of 2022 for setting aside the order of dismissal for default, which was passed on 30^th September, 2024.

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It appears from the record that the petitioners filed the M.J.C. case for restoration of the writ petition on 1^st of October, 2024 i.e. well within the statutory period of limitation.

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I have perused the petition, and the petitioners have been able to establish sufficient ground for his non-appearance, when the matter was called on for hearing.

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Therefore, the order dated 30^th September, 2024 is set aside and the above mentioned writ petition is restored to its file.

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Patna High Court MJC No.3627 of 2024(3) dt.13-12-2024 2/2

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M.J.C. No. 3627 of 2024 is accordingly disposed

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of.

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Petitioner is directed to serve a fresh notice by both modes in C.W.J.C. No. No. 10736 of 2022 for hearing of the writ petition to the Respondent Nos. 1 to 4, for which requisites must be filed by one week from the date of this order.

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(Bibek Chaudhuri, J)

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uttam/-

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Yashweer Kumar v. The State of Bihar through the Home Secretary

Case brief

What is this about?

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Yashweer Kumar v. The State of Bihar through the Home Secretary

Case brief

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