Mjc/548/2024 Of Vijay Nath Sah (Ex-Inspector Of Income Tax) v. The State Of Bihar
High Court
20 Sep 2024 In favour of: Revenue
Forum / Bench
High Court · patnahcucisdb94
Parties
Mjc/548/2024 Of Vijay Nath Sah (Ex-Inspector Of Income Tax) v. The State Of Bihar
Date of order
20 Sep 2024
Assessment year(s)
—
Outcome
Allowed
Case summary
In Mjc/548/2024 Of Vijay Nath Sah (Ex-Inspector Of Income Tax) v. The State Of Bihar, the High Court (2024) allowed the appeal. The decision went in favour of the Revenue.
Decision: 4.The present restoration petition stands allowed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF JUDICATURE AT PATNAMiscellaneous Jurisdiction Case No.548 of 2024In
Civil Writ Jurisdiction Case No.7044 of 2021
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Vijay Nath Sah (Ex-Inspector of Income Tax), TDS Circle, O/o The AssistantCommissioner of Income Tax (TDS), Central Revenue Building (Annexure),Birchand Patel Path, Patna- 800001. Male, aged about 59 years, Son of LateRaghunath Sah, Resident of Diwan Mohalla, Ram Janki Chowraha, P.O.-Jhauganj, Police Station- Khejekala, District- Patna- 800008.
... ... Petitioner/s
Versus
1.The State of Bihar through the Principal Secretary, General AdministrationDepartment, Government of Bihar, Patna.Department, Government of Bihar, Patna.
2.The Chairman, Caste Scrutiny Committee, State of Bihar, Patna
3.The Members, Caste Scrutiny Committee, State of Bihar. Patna.
4.The Under Secretary, General and Administration Department, Governmentof Bihar, Patna.of Bihar, Patna.
5.The Inspector General, Weaker Section, Crime Investigation Department,Bihar, Patna.Bihar, Patna.
6.The Superintendent of Police, Weaker Section, Crime investigationDepartment, Bihar, Patna.Department, Bihar, Patna.
7.The Deputy Superintendent of Police, Weaker Section, Crime InvestigationDepartment, Bihar, Patna.Department, Bihar, Patna.
8.The District Magistrate, Patna.
9.The Sub-Divisional Officer, Patna City, Patna.
10.The Circle Officer, Patna Sadar, Patna.
11.Maulesh Paswan, S/o Sh. Jagdish Paswan, the General Secretary, All IndiaIncome Tax SC/ST Employees Welfare Federation, Unit Patna, at Presentresiding at Qt. No. 179, New Type- ITI, Central Revenue Colony, AshiyanaRoad, Patna- 25.Income Tax SC/ST Employees Welfare Federation, Unit Patna, at Presentresiding at Qt. No. 179, New Type- ITI, Central Revenue Colony, AshiyanaRoad, Patna- 25.
... ... Opposite Party/s
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Appearance :For the Petitioner/s: Mr. Niranjan Kumar, Adv. Mr. Dilip Kumar, Adv. Mr.Subham Singh, Adv. Mr. Bipin Yadav, Adv. For the Opposite Party/s : Ms. Divya Verma, AC to AAG3======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAHORAL ORDER
The present petition has been filed for restoration of a
Ajay/-U
writ petition bearing C.W.J.C. No. 7044 of 2021, which hasstood dismissed for non-prosecution, vide order dated27.2.2023.
2.The learned counsel for the petitioner submits that onaccount of suspension of the license of the conducting lawyer,he could not attend the Court proceedings, resulting in non-appearance on the day when the aforesaid writ petition wascalled out for hearing, hence, a sympathetic view be taken andthe aforesaid writ petition be restored to its original file.
3.Having regard to the facts and circumstances of the case,considering the submissions made by the learned counsel for thepetitioner as also considering the averments made in the presentpetition, I deem it fit and appropriate to direct for restoration ofthe aforesaid writ petition bearing C.W.J.C. No. 7044 of 2021 toits original file.
4.The present restoration petition stands allowed.
(Mohit Kumar Shah, J)
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