Rupa Rana @ Madhuri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1758 of 2021 In Civil Writ Jurisdiction Case No.16608 of 2017 ====================================================== Rupa Rana @ Madhuri W/o Late Badri Narayan Sharma, R/o Village- Lahari Tiwari Di, P.S. Pero District - Bhojpur, Arrah. ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The Principal Secretary, Home Department Government of Bihar, Patna. 3.
The Director General of Police, Government of Bihar, Patna. 4.
The Inspector General of Police, Muzaffarpur Zone, Muzaffarpur. 5.
The Superintendent of Police, Gopalganj.
6.
The Accountant General, Bihar Patna.
7.
The Principal Secretary, Finance Department Government of Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Awadhesh Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Md. Nasrul Hoda Khan (Sc1) :
Md. Harun Qureshi, AC to SC 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-11-2021 Heard the learned counsel for the petitioner and Md. Harun Qureshi, learned AC to SC 1 appearing for the State. The present petition has been filed seeking restoration of a writ petition bearing C.W.J.C. no. 16608 of 2017, which has stood dismissed for default on account of non- compliance of the peremptory order dated 24.07.2019.
The learned counsel for the petitioner has submitted that on account of laches on the part of the learned counsel for the petitioner, the rejoinder affidavit could not be filed within
Patna High Court MJC No.1758 of 2021(2) dt.17-11-2021 2/2 time, hence the mistake be condoned.
The learned counsel appearing for the respondent State has got no objection, in case the present petition is allowed.
Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the parties, the present petition is allowed and the aforesaid writ petition bearing C.W.J.C. no. 16608 of 2017 is directed to be restored to its original file, subject to compliance of the order dated 24.07.2019, within a period of two weeks from today.
(Mohit Kumar Shah, J) rinkee/- U