Gariban Sao v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 3105 of 2014 In Civil Writ Jurisdiction Case No. 6806 of 2006 ====================================================== Gariban Sao .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anisur Rahman For the Opp. Party/s : AC to SC 24 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

07-10-2015 Heard Md. Anisur Rahman, learned counsel for the petitioner and learned A.C. to Standing Counsel - 24. The present petition has been filed with a prayer to restore C.W.J.C. No. 6806 of 2006, which stood dismissed due to non-compliance of peremptory order dated 02-04-2013. By the said order, this Court had granted one month peremptory time for filing substitution petition. Since it was not filed within time, the writ petition stood dismissed.

Learned counsel for the petitioner, by way of referring to averments made in the present petition, submits that due to the reason beyond the control of the petitioner, the substitution petition was not filed within time, however after expiry of the peremptory time, same was filed on 11-08-2014. In view of facts & circumstances and the ground set-

Patna High Court MJC No.3105 of 2014 (2) dt.07-10-2015 2/2 forth in the petition, the restoration petition stands allowed. Let C.W.J.C. No. 6806 of 2006 be restored to its original file.

(Rakesh Kumar, J.) Anay U