Patna High Court - Orders
Brahmdeo Mandal @ Rai vs The State Of Bihar & Ors on 31 January, 2012
Author: Birendra Prasad Verma
Bench: Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4226 of 2011
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Brahmdeo Mandal @ Rai son of Late Palo Mandal, resident of village-
Farda Puwari Tola, P.O.- Farda, P.S. Naya Ram Nagar, District- Munger
(Bihar)
.... .... Petitioner/s
Versus
1. The State Of Bihar through the District Magistrate, Begusarai.
2. The General Manager-cum-Chief Engineer, Barauni Thermal Power
Station, Begusarai.
3. The Deputy Chief Inspector of Factory, Shoppuri, Muzaffarpur (Bihar).
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Indu Bhushan, Advocate.
For the Respondent/s : Mr. Nagendra Sharma, AC to G. P.8
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA)
2 31-01-2012Heard.
The present application has been filed on behalf of the petitioner seeking restoration of CWJC No. 1373 of 2005, which stood dismissed for want of prosecution by order dated 09.05.2011 passed by this Court.
The aforesaid CWJC No. 1373 of 2005 was filed by the petitioner with a prayer that the respondents may be directed to dispose of the representation filed by the petitioner for payment of compensation on account of the death of his son, Kailash Prasad Mandal, who is said to have died while working in Barauni Thermal Power Station in the district of Begusarai.
Learned counsel for the petitioner has fairly submitted that the representation filed by the petitioner is still pending and has not been disposed of till date.
After having heard the parties, this Court is of the considered opinion that no useful purpose will be served by 2 Patna High Court MJC No.4226 of 2011 (2) dt.31-01-2012 2/2 restoring CWJC No. 1373 of 2005 to its original file. However, the inertest of justice would be sub- served if the petitioner is granted liberty to pursue his remedy before the authority concerned.
Accordingly, the petitioner is permitted to file a fresh representation before the competent authority in the same subject matter and if such a representation is filed within a period of four weeks from today, then the same shall be considered on its own merit and shall be disposed of within a period of three months from today in accordance with law, without being influenced by the order dated 09.05.2011 passed in CWJC No. 1373 of 2005, which stood dismissed for want of prosecution.
With the aforesaid observation/ direction, the application stands disposed of.
(Birendra Prasad Verma, J.) BTiwary/-