Md. Abdul Rahman v. The State Of Bihar And ORS

Patna High Court MJC No.442 of 2016 (2) dt.10-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.442 of 2016 In Civil Writ Jurisdiction Case No. 17038 of 2015 ====================================================== Md. Abdul Rahman .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed. Rizwanul Haque For the Respondent/s : Mr. Nutan Sahay, A.C. to G.A.5 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) 10-03-2016 The application is for restoration of C.W.J.C. No.17038 of 2015, which was dismissed due to non-appearance on 22nd January, 2016.

The petitioner points out that his counsel Mr. Rizwanul Haque was not well due to cold and fever and so he could not present himself when the case was called out for hearing. The present restoration application has been filed soon thereafter on 03.02.2016.

In view of the above, we are satisfied that nonappearance of the counsel for the petitioner was due to his illness. Consequently, the restoration application is allowed and the writ application is restored to its original number. V.P.Sinha/- (Hemant Gupta, J) (Ramesh Kumar Datta, J) U