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2025 DAILYLAW 93751 (PAT)

Bhanu Pratap Pal v. State of Bihar through its Secretary, Law Department

MJC/3881/2025 · 2025-12-19

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3881 of 2025 In Civil Writ Jurisdiction Case No.1346 of 2025 ====================================================== Bhanu Pratap Pal S/o Yamuna Pal, R/o Mauza-Betri, P.S.- Bhabua, District- Kaimur at Bhabua. ... ... Petitioner/s Versus 1. State of Bihar through its Secretary, Law Department Government of Bihar. 2. Bihar State Legal Services Authority, Through its Secretary, Patna 3. Ramesh Pal, S/o Late Ramsakhi Pal, R/o Mauza-Betri, P.S.- Bhabua, District Kaimur at Bhabua. 4. Yamuna Pal, S/o Late Ramsakhi Pal, R/o Mauza-Betri, P.S.- Bhabua, District Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Parth Gaurav For the Opposite Party/s : Mr.Standing Counsel 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 3 19-12-2025 1. Heard the parties. 2. The present application has been filed for restoration of C.W.J.C. 1346 of 2025, which got dismissed due to non compliance of the peremptory order dated 09.09.2025. 3. Learned counsel for the petitioner submits that by order dated 09.09.2025 one week peremptory time was granted for removal of the S.R. defect. The Office had pointed out defect that copy of the writ petition was not served upon the respondent no. 2 i.e. Bihar State Legal Service Authority. There is no panel Advocate or any retainer of Bihar State Legal Services Authority at the Hon’ble Patna High Court therefore Patna High Court MJC No.3881 of 2025(3) dt.19-12-2025 2/2 copy could not be served. The petitioner has filed I.A. No. 1 of 2025 for recall / modification of the order dated 09.09.2025 after expiry of peremptory time as such C.W.J.C. No. 1346 / 2025 got dismissed due to non compliance of the peremptory order. 4. Considering the aforesaid submissions, this application is allowed and the connected case bearing C.W.J.C. No. 1346 of 2025 is restored to its original file. praful/- (Anil Kumar Sinha, J) U T