Allowed¶19

Awanish Kumar, v. The State of Bihar

Patna HC21 Apr 2025MJC/2108/2021

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What is this about?

Patna High Court Miscellaneous Jurisdiction Case No.2108 of 2021, decided 21-04-2025, allowing restoration of Civil Writ Jurisdiction Case No.6759 of 2012 which had been dismissed for non-prosecution (dismissal for default) by order dated 18.11.2021; ground shown: communication gap prevented the petitioner from arranging attendance and the advocate on record also did not appear when the case was called out. Relevant to revival/restoration of writ petitions dismissed for non-prosecution before the Patna High Court.

What did the court decide?

Restoration of writ petition CWJC No. 6759 of 2012 to its original file. ¶19

Awanish Kumar, Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2108 of 2021 In

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Civil Writ Jurisdiction Case No.6759 of 2012

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

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Awanish Kumar, Son of Shri S.S. Pandey, Resident of C-1/1540, Vasant Kunj, New Delhi - 70

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... ... Petitioner/s

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Versus

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The State of Bihar, through its Chief Secretary, Patna, Bihar.

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The State of Bihar, through its Director Primary Education, Patna, Bihar.

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The State of Bihar, through its Director Bihar Education Project Council, Patna, Bihar.

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Ravish, Adv. For the State : Mr. Manish Kumar, GP4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

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5 21-04-2025

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The present petition has been filed for restoring a writ petition bearing CWJC No. 6759 of 2012 which has been dismissed for non-prosecution by an order dated 18.11.2021.

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2. The learned counsel for the petitioner has submitted that on account of communication gap, arrangements could not be made by the petitioner for attending the hearing of the aforesaid case, when the same was called out for hearing on 18.11.2021 as also on account of the said fact, the learned advocate on record appearing in the said writ petition also failed to appear on 18.11.2021, leading to dismissal of the aforesaid

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Patna High Court MJC No.2108 of 2021(5) dt.21-04-2025 2/2

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writ petition for non-prosecution. Hence, it is submitted that a sympathetic view be taken and the aforesaid writ petition be restored.

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3. Having regard to the facts and circumstances of the case, considering the averments made in the present petition as also taking into account the submissions made by the learned counsel for the petitioner, we deem it fit and proper to restore the aforesaid writ petition bearing CWJC No. 6759 of 2012 to its original file.

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4. The present petition stands allowed.

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(Mohit Kumar Shah, J)

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( Shailendra Singh, J)

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annu/-

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Awanish Kumar, v. The State of Bihar

Case brief

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Awanish Kumar, v. The State of Bihar

Case brief

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