Sampoorna Nand Tiwary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.286 of 2016 In Civil Writ Jurisdiction Case No. 2688 of 2011 ====================================================== Sampoorna Nand Tiwary .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Krishna Tripthy, Adv. For the Respondent/s : Mr. AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-02-2016 Heard Sri Vinay Krishna Tripathy, learned counsel for the petitioner, learned AC to GA-10, Sri Ramadhar Singh, learned counsel for Opp.Party no.5 and Sri Indrajeet Bhushan, learned counsel for Opp.Party no.7.

The present petition has been filed with a prayer to restore C.W.J.C.No. 2688 of 2011, which stood dismissed on 23.11.2015 due to non-prosecution.

It was submitted by learned counsel for the petitioner that on 23.11.2015 at the time of mentioning, a prayer was made for adjournment of the case in presence of learned counsel for private Respondent no.7, which was accepted, but subsequently learned counsel for the petitioner noticed that the writ petition stood dismissed on the same day on the ground of nonprosecution.

Patna High Court MJC No.286 of 2016 (2) dt.10-02-2016 2/2 Learned counsel for the Respondent no.7 is present. Only he accepts that on the said date, at the time of mentioning it was prayed for adjourning the case. It appears that due to inadvertence of the Court, the writ petition stood dismissed. Accordingly, restoration petition is allowed. Let C.W.J.C.No.2688 of 2011 be restored to its original file. (Rakesh Kumar, J) NKS/- U