Shrawan Kumar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 2299 of 2015 In Civil Writ Jurisdiction Case No. 393 of 2005 ====================================================== Shrawan Kumar Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opp. Partyt/s : AC to Addl. Advocate General 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

05-10-2016 Heard Sri Naresh Chandra Verma, learned counsel for the petitioner and learned A.C. to Addl. Advocate General - 12. The present petition has been filed with a prayer to restore C.W.J.C. No. 393 of 2005, which stood dismissed due to non-compliance on peremptory order dated 07-02-2013. By the said order, time was granted to file supplementary affidavit within two weeks peremptory.

Learned counsel for the petitioner submits that due to unavoidable circumstances, the order was not complied with, however; he undertakes that if the writ petition is restored, the supplementary affidavit, in complied with the order of the writ court, shall be filed by 28th of this month.

Accordingly, the restoration petition is allowed. Let C.W.J.C. No. 393 of 2005 be restored to its

Patna High Court MJC No.2299 of 2015 (2) dt.05-10-2016 2/2 original file with condition that supplementary affidavit, in compliance with the order dated 07-02-2013 passed in C.W.J.C. No. 393 of 2005, must be filed by 28th of this month, failing which, the writ petition i.e. C.W.J.C. No. 393 of 2005 shall stand dismissed without further reference to a bench. (Rakesh Kumar, J.) Anay U