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Patna High Court

Manoj Kumar MahtoversusThe State of Bihar through Principal Secretary of Agriculture Department

Decided
Disposal
DISPOSED

Holding

The Court extended the time for filing the reply by two weeks.

Summary

The petitioner, Manoj Kumar Mahto, filed a petition seeking an extension of the time granted to file a wholesome reply to a notice dated 21‑02‑2022. The earlier order of this Court dated 28‑03‑2024, which had granted a time limit, was not communicated to the petitioner by his former counsel, causing a delay in filing the reply. The petitioner requested a further two‑week extension, while the opposite parties raised no objection. The Court, after considering the circumstances, found it appropriate to grant the additional two‑week period for filing the reply. Consequently, the petition was disposed of with the modification of the earlier order to extend the time.

Issues considered

  • Whether the petitioner is entitled to a further extension of time to file a reply to the notice due to non‑communication of the earlier order by his former counsel.

Subjects

  • extension of time
  • civil writ jurisdiction
  • notice reply
  • procedural law
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2110 of 2025
                                                    In
                              Civil Writ Jurisdiction Case No.14973 of 2023
                 ======================================================
                 Manoj Kumar Mahto Son of Dhodhan Mahto @ Ghoghan Mahto, resident of
                 Village and P.O.-Kaliyaganj, Dhapari, Ward No. -2, P.S.-Palasi, District-
                 Araria.

                                                                             ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through Principal Secretary of Agriculture Department
                 Govt. of Bihar, Patna.
           2.    The Director, Agriculture Department, Govt. of Bihar, Patna.
           3.    The Joint Director, Agriculture Department, Govt. of Bihar, Patna.
           4.    The Deputy Director, Sasya, Purnea Circle, Purnea, Bihar.
           5.    The Joint Director, Bihar Koshi Division, Saharsa.
           6.    The District Agriculture Officer, Araria, Bihar.
           7.    The Block Agriculture Officer, Araria, Bihar.
           8.    The Sub Divisional Agriculture Officer, Araria, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Sanjay Kumar, Advocate
                 For the Opposite Party/s :     Mr.Government Advocate 11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

4   25-02-2026                     The present petition has been filed for extending the

                   time granted to the petitioner to file his wholesome reply to the

                   notice dated 21.02.2022 issued by the Sub-divisional Agriculture

                   Officer, Araria vide order dated 28.03.2024 passed by this Court in

                   CWJC No.14973 of 2023.

                                2. The learned counsel for the petitioner submits that

                   on account of non-communication of the aforesaid order dated

                   28.03.2024 by the earlier counsel for the petitioner, the
            Patna High Court MJC No.2110 of 2025(4) dt.25-02-2026
                                                        2/2




                      petitioner could not take appropriate steps for filing his

                      wholesome reply within the stipulated time frame, hence a

                      sympathetic view be taken and further time of two weeks’ be

                      granted for filing wholesome reply.

                                   3. Per contra, the learned counsel for the opposite

                      party has no objection.

                                   4. Having regard to the facts and circumstances of the

                      case, I deem it fit and proper to extend the time granted to the

                      petitioner to file his wholesome reply to the aforesaid notice

                      dated 21.02.2022 by a further period of two weeks from today.

                                   5. Accordingly, the present petition stands disposed

                      off with the aforesaid modification in the order dated 28.03.2024

                      passed in CWJC No.14973 of 2023.



                                              (Mohit Kumar Shah, J)
kanchan/-

U


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