Prakash Prasad Yadav vs The State Of Bihar And Ors
2021 Latest Caselaw 5993 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.2863 of 2016
                                         In
                   Civil Writ Jurisdiction Case No.20391 of 2011
     ======================================================

Prakash Prasad Yadav Son of Late Ramji Prasad Yadav, Residents of Village- Sare, P.S.- Sare, District- Nalanda, presently residing at Nagadah, P.S. Muffasil, District- Begusarai.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary

2. The Collector, Begusarai.

3. The Director, Employment and Training, Government of Bihar, New Secretariat, Patna.

4. The Accountant General, Government of Bihar, Birchand Patel Marg, Patna.

5. The District Accountant Officer, Begusarai.

6. The Principal, Industrial Training Institute, Begusarai.

7. The District Provident Fund Officer, Begusarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate For the Opposite Party/s : Mrs. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 09-12-2021

Re: I.A. No. 1 of 2019

The instant Interlocutory Application has been filed

for substitution of the original petitioner namely Shri Prakash

Prasad Yadav, son of Late Ramji Prasad Yadav, who expired on

17.08.2018 leaving behind the following legal heir:-

" i) Mahapati Devi, Aged 58 Years, Female, W/O Late Patna High Court MJC No.2863 of 2016 dt.09-12-2021

Prakash Prasad Yadav, residing at Ward No. 13, Nagdh, P.S.-

Mufassil, District-Begusarai."

Having heard learned counsel for the parties as also

perused the record, I allow the Interlocutory Application and

direct that the aforesaid legal heir of the original petitioner

namely Mahapati Devi, Aged 58 Years, Female, W/O Late

Prakash Prasad Yadav, residing at Ward No. 13, Nagdh, P.S.-

Mufassil, District-Begusarai be substituted in place of the

original petitioner.

Registry to make necessary correction in the cause

title of both the digital as also the physical file.

Re: M.J.C. No. 2863 of 2016

The instant petition stands filed for restoration of

CWJC No. 20391 of 2011, titled as Prakash Prasad Yadav Vs.

The State of Bihar & Ors., which stood dismissed for non-

prosecution, vide order dated 03.12.2015, passed by a

coordinate Bench of this Court.

The instant petition for restoration was filed

immediately and cause sufficient enough emanates therefrom.

For the reasons assigned, the application is allowed.

The order dated 3rd of December, 2015 passed in CWJC No.

20391 of 2011, titled as Prakash Prasad Yadav Vs. The State of Patna High Court MJC No.2863 of 2016 dt.09-12-2021

Bihar & Ors., is recalled and the petition is restored to its

original number and position.

                                                                  (Sanjay Karol, CJ)

P.K.P./Amrendra
AFR/NAFR
CAV DATE
Uploading Date          10.12.2021
Transmission Date