Soni Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2317 of 2017 In Civil Writ Jurisdiction Case No. 12161 of 2016 ====================================================== Soni Kumari, w/o Sri Manikant Niraj, resident of village - Nagar Panchayat Banmankhi, Ward No. 7, Post- Banmankhi, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Department of Social Welfare, Government of Bihar, Patna.

2. The Director, (I.C.D.S.), Integrated Children Department Administrator-Cum-District Officer, Purnea.

3. Joint Commissioner-Cum-Secretary, Regional Transport Authority, Office of Sub Divisional Commissioner, Purnea.

4. District Magistrate, Purnea.

5. District Programme Officer, Purnea.

6. Deputy Collector, Land Reforms, Banmankhi, Purnea.

7. Child Development Project Officer, Banmankhi, Purnea.

8. Renuka Devi, wife of late Gopal Bhagat, Resident of Village + P.O. + P.S. Banmankhi, Ward No. 7, District- Purnea. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Ms. Mira Kumari, Adv. For the Respondent/s : Mr. Kaushal Kumar Jha, AAG- 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 20-12-2017 This application has been filed for restoration CWJC No.12161 of 2016 to its original file in so far as it concerns the respondent no.8 against whom the writ petition stood dismissed for non-compliance of the peremptory order passed by this Court on 19.7.2017.

I have heard learned counsel for the parties and I have perused the records.

Vide order passed on 19.7.2017 this Court while granting leave to the petitioner to add the respondent no.8 as a

Patna High Court MJC No.2317 of 2017 (2) dt.20-12-2017 party respondent, issued notice under to her under ordinary process as well as under registered cover with A/D, for which requisites etc. were directed to be filed within a week i.e. by 26.7.2017. On the failure of the petitioner to ensure compliance has resulted in a situation, although it is stated by Ms. Mira Kumari, learned counsel appearing for the petitioner and confirmed from the proceeding that the requisites were filed on 1.8.2017 i.e. after delay of about 4 days.

Having heard learned counsel for the parties and considering the circumstances, the peremptory period as granted under the order dated 19.7.2017 is extended until 1.8.2017. Since admittedly the requisites were filed on the said date the writ petition bearing CWJC No.12161 of 2016 stands restored as against the respondent no.8 also.

The restoration application is allowed.

Office may proceed for issuance of notice on the respondent no.8.

(Jyoti Saran, J) SKPathak/- U