The State Of Bihar And ORS v. Ramesh Prasad And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3740 of 2014 In LPA 1392 of 1999 ====================================================== The State of Bihar & Ors .... .... Petitioners

Versus

Ramesh Prasad & Ors.

.... .... Opposite parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 04-08-2015 Heard learned counsel for the petitioners. It is submitted by learned counsel for the petitioners that the order dated 11.08.2009 could not be complied with during peremptory time granted. Hence, the appeal as against respondent nos. 1, 2, 4 and 5 was dismissed on 08.09.2009 and ultimately requisites have been filed on 18.09.2014.

It is submitted by learned counsel for the petitioners that since the respondent nos. 1, 2, 4 and 5 against whom notices were directed to be issued, are living in different places, so their present address could not be made available. Hence, filing of requisites of notices upon them could not be complied with within time. On a consideration of the facts and circumstances of the case, L.P.A. No. 1392 of 1999 is directed to be restored to its original file with respect to respondent nos. 1, 2, 4 and 5.

Patna High Court MJC No.3740 of 2014 (3) dt.04-08-2015 2/2 The restoration application is, accordingly, allowed. The office is directed to issue notices on the basis of requisites filed subsequently.

(Ramesh Kumar Datta, J) (Sudhir Singh, J) Singh/U.K./- U