Mrs. Shama Parveen v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1128 of 2017 In Civil Writ Jurisdiction Case No.11 of 2011 ====================================================== Mrs. Shama Parveen ... ... Petitioner

Versus

The State of Bihar & Ors ... ... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Respondent/s :

Mr. AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-10-2017 Heard Sri S.K.Das, learned counsel, assisted by Sri(Dr.) Bidhu Ranjan, learned counsel for the petitioner and learned State Counsel.

The present restoration petition has been filed with a prayer to restore C.W.J.C.No.11 of 2011, which stood dismissed due to non-compliance of peremptory order dated 22.07.2016. By the said order, notice was directed to be issued to respondent nos. 8 and 9, for which requisites were to be filed within two weeks.

Learned counsel for the petitioner, by way of referring to the statement made in the petition, submits that due to unavoidable circumstances, the order dated 22.07.2016 was not complied within time.

Besides hearing learned counsel for the parties, I have

Patna High Court MJC No.1128 of 2017(3) dt.18-10-2017 2/2 perused the petition and the Court is satisfied that appropriate reason has been explained.

Accordingly, restoration petition is allowed and the writ petition i.e. C.W.J.C.No.11 of 2011 is directed to be restored. It is clarified that the order dated 22.07.2016 must be complied by 16th November,2017, failing which the writ petition, i.e. C.W.J.C.No.11 of 2011 shall stand dismissed without further reference to a Bench.

(Rakesh Kumar, J) nawalkrs/- U T