Prity Kumari vs The State Of Bihar And Ors
2023 Latest Caselaw 3464 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.18699 of 2014
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Prity Kumari Wife of Mukesh Jaiswal Resident of Village - Bakhara, P.S. - Saraiya, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The State 0f Bihar.

2. The Commissioner, Tirhut Division, Muzaffarpur.

3. The District Magistrate, Muzaffarpur.

4. The District Program Officer, Muzaffarpur.

5. The Block Development Officer, Saraiya, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Anand Kumar Ojha, Adv. For the Respondent/s : Mr.Akash Raj, AC to GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 02-08-2023

1. The petitioner has prayed for quashing of the order

dated 13.11.2013, passed by the learned Commissioner, Tirhut

Division, Muzaffarpur, in Appeal Case No.26 of 2010 (Prity

Kumari vs. State of Bihar), whereby and whereunder the appeal

filed by the petitioner has been dismissed for default on account

of the petitioner being absent on few occasions.

2. The learned counsel for the petitioner has submitted

that the petitioner could not appear before the appellate

authority on account of personal difficulties, nonetheless, it is

submitted that even in absence of the petitioner, the learned

Commissioner, Tirhut Division, Muzaffarpur, should have

decided the appeal of the petitioner on merits.

Patna High Court CWJC No.18699 of 2014 dt.02-08-2023

3. I have heard the learned counsel for the parties and

gone through the materials on record and I find that in the

interest of justice and taking into account equitable

considerations, apart from noticing the fact that it was

incumbent upon the learned Commissioner, Tirhut Division,

Muzaffarpur, to have decided the appeal on merits, even in the

absence of the petitioner, I deem it fit and proper to quash the

impugned order dated 13.11.2013, and remand the matter back

to the learned Commissioner, Tirhut Division, Muzaffarpur, for

fresh consideration.

4. It is needless to state that in case the petitioner does

not appear before the learned Commissioner, Tirhut Division,

Muzaffarpur, on 24th of August, 2023 at 10:30 a.m., the learned

Commissioner, Tirhut Division, Muzaffarpur, shall proceed with

the appeal ex-partae, and take a final decision, in accordance

with law, forthwith.

5. The writ petition stands allowed.

(Mohit Kumar Shah, J) sonal/-

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Uploading Date          05.08.2023
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