Shambhu Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.710 of 2014 In Civil Writ Jurisdiction Case No. 2762 of 2014 ======================================================

1. Shambhu Kumar S/O Late Nageshwar Mandal Resident Of MohallaP.W.D. Campus, P.O-Bari, Post Office, P.S- Tilka Manjhi, DistrictBhagalpur. .... .... Petitioner/s

Versus

1. The State Of Bihar Null Null .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jharkhandi Upadhyay For the Respondent/s : Mr. Dr. Anshuman ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 14-10-2015 By making this Misc. application, the applicant has sought for restoration of CWJC No. 2762 of 2014, which was dismissed for default on 05.02.2014.

Heard Mr. Jharkhandi Upadhyay, learned counsel for the writ petitioner-applicant, and Dr. Anshuman, learned counsel for the respondents-opposite parties. Having considered the averments made in the application and having heard the learned counsel for the parties, we are satisfied that the absence of the applicant and/or his counsel from the Court on 05.02.2014 was for reasons beyond their control.

In view of the above and in the interest of justice, the

Patna High Court MJC No.710 of 2014 (3) dt.14-10-2015 2/2 order, dated 05.02.2014 aforementioned, is hereby set aside and CWJC No. 2762 of 2014 aforementioned is hereby restored to its original file.

This Misc. Case shall accordingly stand disposed of. (I.A. Ansari, ACJ.) Mkr./- U