Sadanand Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2910 of 2016 In Civil Writ Jurisdiction Case No. 10625 of 2016 ====================================================== Sadanand Jha .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Adv. Mr. Pramod Kumar Mallick, Adv.

For the Respondent/s : Mr. Rajan, AC to GA-XI. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 25-07-2018 Heard the parties on the restoration application which is filed for restoration of C.W.J.C No.10625 of 2016 which in turn was dismissed for non-compliance of the order dated 04.07.2016. By the order dated 04.07.2016 the petitioner was directed to remove 9 defects pointed out by the office within one week but since the order was peremptory and defects were not removed that the writ petition was dismissed for default. Learned counsel for the petitioner in reference to the restoration application submits that on account of several holidays occurring in the week which has resulted in the dismissal of the writ petition.

Having heard learned counsel for the parties and considering the reasons assigned the restoration application is allowed and the peremptory order passed on 04.07.2016 is

Patna High Court MJC No.2910 of 2016 (3) dt.25-07-2018 extended for further four weeks from today and should the petitioner remove the defects in the writ petition bearing CWJC No.10625 of 2016 on or before 21st of August, 2018 that it shall stand restored, failing which the status of the writ petition would remain as such.

The restoration application is allowed subject to the stipulation as stated above.

(Jyoti Saran, J) SKPathak/Anjula U