Nripendra Kumar, Secretary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1321 of 2018 In Civil Writ Jurisdiction Case No.8647 of 2017 ====================================================== Nripendra Kumar, Secretary, Prabhat Nagar, Giriha Nirman Samiti, Patna. ... ... Petitioner

Versus

The State Of Bihar and Ors ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Dev Kumar Pandey For the Opposite Party/s :

Mr.Md. Khurshid Alam - Aag 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-08-2019 At the very outset, learned counsel appearing for the petitioner points out that supplementary affidavit dated 24.09.2018 has been filed on behalf of the petitioner for removal of defect no. 3 which is on the record and, accordingly, he prays that in the light of supplementary affidavit dated 24.09.2018, defect no. 3 be ignored.

In view of the aforesaid submission, defect no. 3 is ignored.

This petition has been preferred for restoration of C.W.J.C. No. 8647 of 2017 which stood dismissed on 16.08.2017 due to non-compliance of peremptory order of this court.

Learned counsel appearing for the petitioner submits that order of this court was complied by the petitioner within

Patna High Court MJC No.1321 of 2018(4) dt.07-08-2019 2/2 time but unfortunately, the office made wrong calculation as a result of which C.W.J.C. No. 8647 of 2017 stood dismissed for default. However, as soon as petitioner got notice of dismissal of above stated writ petition, he has preferred the present restoration petition.

In view of the aforesaid submission, dismissal order stands set aside and C.W.J.C. No. 8647 of 2017 is restored to its original number.

In the aforesaid manner, this restoration petition stands disposed of.

(Hemant Kumar Srivastava, J) shahzad/- U