Amrita Kumari And ORS v. The Social Welfare Department, Through Its Principal Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2272 of 2017 In Civil Writ Jurisdiction Case No. 5561 of 2016 ====================================================== Amrita Kumari & Ors .... .... Petitioner/s

Versus

The Social Welfare Department, through its Principal Secretary & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Singh, Adv. For the Respondent/s : Mr. Kaushal Kumar Jha - AAG 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-08-2017 M.J.C.No.2272 of 2017 has been filed for restoration of the case No. 5561 of 2016 which stood dismissed as against the respondent No.6 on the failure of the petitioner to comply with the order dated 14.2.2017 within the stipulated period. Learned counsel for the petitioner submits that although under the order dated 14.2.2017 requisites had to be filed for service of notice on respondent No.6 by 21.2.2017 but on a miscalculation, the requisites was filed a day later on 22.2.2017. Having heard learned counsel for the parties and considering that the requisites have been filed by the petitioner albeit after a delay of one day on 22.2.2017, the peremptory period provided under order dated 14.2.2017 passed in C.W.J.C.No.5561 of 2016 is extended by 22.2.2017 and since admittedly the

Patna High Court MJC No.2272 of 2017 (2) dt.16-08-2017 2/2 requisites are on record, the writ petition stands restored as against the respondent No.6 accordingly.

M.J.C. No. 2272 of 2017 is accordingly allowed. (Jyoti Saran, J) Bibhash/- U