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Patna High CourtMJC/4953/2014consigned

Md. Shabbir Hassan v. The State Of Bihar And ORS

2017-01-28Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 4953 of 2014 In Civil Writ Jurisdiction Case No. 5561 of 2011 ====================================================== Md. Shabbir Hassan S/o - Late Dr. Syed Mohmood Hassan Resident of House No. 140, Patliputra Colony, Near Post Office, P.S. - Patliputra, District - Patna - 13.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Road Construction Department, Bihar, Patna.

3. The Chief Engineer, Road Construction Department, Setu Nirupan Anchal, Patna.

4. The Superintending Engineer, Road Construction Department, Setle Nirupan Anchal, Patna.

5. The Account Officer, Setu Nirupan Anchal, Road Construction Department, Patna.

6. The District President Fund Officer, Patna.

7. The Accountant General, Bihar .... .... Opp. Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Sinha For the Opp. Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

28-01-2017 Ofcourse, the matter has been listed under the heading "For Orders (On Office Notes)", which suggests that there were certain defects in the petition, on examining the record of C.W.J.C. No. 5561 of 2011, for which restoration has been sought for, it is evident that the writ petition was not dismissed only on the ground of non-prosecution, but a Bench of this Court by a detailed order dated 26-09-2014 considering the merit of the case has rejected the same, whereas, in the present petition, which has been filed for restoration of the writ petition, it has been indicated

Patna High Court MJC No.4953 of 2014 (3) dt.28-01-2017 2/2 in paragraph - 1 that the writ petition stood dismissed on 26-09-2014 due to default.

It appears that the present restoration petition is misconceived and as such, no order is required to be passed. The matter may be consigned.

(Rakesh Kumar, J.) Anay U