Allowed¶26

Kari Thakur v. The State of Bihar

Patna HC20 Sept 2024MJC/95/2024

Case brief

AI extract

What is this about?

Patna High Court oral order (Mohit Kumar Shah, J, 20-09-2024) allowing Miscellaneous Jurisdiction Case No.95 of 2024 and restoring Civil Writ Jurisdiction Case No.399 of 2019 (Kari Thakur v. State of Bihar, Land Acquisition and Rehabilitation Department, DM/Rehabilitation Officer/Circle Officer Supaul, Ramgulam Yadav, Sunil Yadav, Nibha Kumari) to its original file after dismissal for non-prosecution on 6.7.2022; petitioner's counsel was engaged in another Court when the case was called out. Keywords: restoration of writ petition, dismissed for non-prosecution, want of prosecution, sympathetic view, restore to original file.

What did the court decide?

Restoration of Civil Writ Jurisdiction Case No.399 of 2019 to its original file. ¶26

Kari Thakur Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.95 of 2024

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Civil Writ Jurisdiction Case No.399 of 2019

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Kari Thakur Son of Late Sahdeo Thakur Resident of Village-Balba, P.O.-Pipra Khurd, Block Supaul, P.S. and District-Supaul.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Water resources Department Government of Bihar, Patna.

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The Director, Land acquisition and rehabilitation Department, Government of Bihar, Patna.

The District Magistrate, Supaul

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The Rehabilitation Officer, Supaul.

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The Circle Officer, Supaul.

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Ramgulam Yadav Son of Late Nisu Yadav Resident of Village-Kharail Malhad Punarwas Ward no.-01, P.O.-Supaul, P.S. and District-Supaul.

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Sunil Yadav Son of Ramgulam Yadav Resident of Village-Kharail Malhad Punarwas Ward no.-01, P.O.-Supaul, P.S. and District-Supaul.

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Nibha Kumari Wife of Late Shivshankar Kumar Yadav @ Sheoshankar Kumar Yadav Resident of Village-Kemai, Sondip, Bhawanipur, P.S.Bhawanipur, District-Purnia at Present resident of Mohalla-Noorpur, P.S.Nathnagar, District-Bhagalpur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Kuldeep Kumar, Adv. For the Opposite Party/s : Mr.Standing Counsel 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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3 20-09-2024 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 399 of 2019, which has stood dismissed for non-prosecution, vide order dated 6.7.2022.

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The learned counsel for the petitioner has submitted 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.95 of 2024(3) dt.20-09-2024 2/2

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hearing, hence, the aforesaid writ petition was dismissed for want of prosecution, 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 considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No. 399 of 2019 to its original file.

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The present restoration petition stands allowed.

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(Mohit Kumar Shah, J)

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Ajay/-

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Kari Thakur v. The State of Bihar

Case brief

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Kari Thakur v. The State of Bihar

Case brief

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