IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.285 of 2011 The Executive Engineer, Western Koshi Canal Division No. 1, Raj Nagar District-Madhubani (Now modified as water Resources Department Darbhanga). ….. Petitioner. Versus Sikandar Pd. Singh, son of Late Moonoo Prasad Singh, village Singraha, P.S.-Madhepura, District-Madhepura. …… Respondent. ----------- For the petitioner : Mr. Kaushal Kumar Jha, S.C. 4 Mr. Baidya Nath Thakur, A.C. to S.C. 4 For the respondent : Mr. Pankaj Kumar Sinha, Advocate. -------- 06/ 06.07.2011 This petition has been filed by the petitioner for restoration of CWJC No.10033 of 2006 which was dismissed for non-prosecution on 20.09.2010 when no one appeared on behalf of the petitioner to press the writ petition. Learned counsel for the petitioner submits that the aforesaid writ petition was filed by a private counsel, namely Mr. Satish Chandra Jha no.3. Learned counsel for the petitioner further submits that subsequently Government changed its policy permitting the authorities to avail the services of the Government counsel for filing such writ petitions and according to the said policy the file was handed over to Mr. Kaushal Kumar Jha who was Standing Counsel no.18 at the relevant time, whereafter I.A.No.1000 of 2007 was filed on 13.02.2007 on behalf of the respondent after serving a copy thereof upon Mr. Kaushal Kumar Jha, Standing Counsel no.18. Learned counsel for the petitioner further submits that on 20.09.2010 when the aforesaid case was called out, the name of - 2 - Mr. Kaushal Kumar Jha, Standing Counsel no.18 was not appearing on the daily cause list, rather only the name of earlier counsel namely Mr. Satish Kumar Jha was appearing due to which Mr. Kaushal Kumar Jha, Standing counsel no.18 could not appear and the writ petition was dismissed for non-prosecution. In the said circumstances, this court finds sufficient reasons which prove that the writ petition was dismissed for non- prosecution due to none of the fault of the petitioner or his learned counsel. Accordingly, this MJC petition is allowed and CWJC No.10033 of 2006 is restored to its original file and number. Sunil (S. N. Hussain, J.)