Patna High CourtMJC/2515/2024disposed

Ravi Kant Kumar v. The State Of Bihar Through The Secretary, Home Department

2024-09-06Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2515 of 2024 In Civil Writ Jurisdiction Case No.10072 of 2012 ====================================================== Ravi Kant Kumar ... ... Petitioner/s

Versus

The State of Bihar through the Secretary, Home Department & Ors. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the State :

Dr. Mankeshwar Tiwari, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-09-2024 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Dr. Mankeshwar Tiwari, learned AC to AAG3 for the State.

2. The present restoration application has been filed for restoration of M.J.C. No. 1670 of 2024 arising out of C.W.J.C. No. 10072 of 2012 to its original file which was dismissed for default due to non-compliance of the order dated 21.06.2024 passed in M.J.C. No. 1670 of 2024.

3. Learned counsel for the petitioner submits that earlier the M.J.C. (Restoration) No. 1670 of 2024 has been filed for restoration of C.W.J.C. No. 10072 of 2012 which was dismissed for default due to non-prosecution vide order dated 08.04.2024.

4. Learned counsel for the petitioner submits that

Patna High Court MJC No.2515 of 2024(3) dt.06-09-2024 2/2 M.J.C. No. 1670 of 2024 was taken up on 21.06.2024 and the petitioner was granted one week's time to remove the defects as pointed out by the Registry in M.J.C. No. 1670 of 2024 but the deficit of stamp of Rs. 5/- could not be filed on time. Therefore, the case has become dismissed for default due to noncompliance of the peremptory order dated 21.06.2024. Later on the certified copy of the impugned order and deficit stamp of Rs.5/- has been filed online.

5. In view of the aforesaid, the present restoration application is allowed and M.J.C. No. 1670 of 2024 is restored to its original file and office is directed to place the M.J.C. No. 1670 of 2024 under the heading "For Admission" on 13.09.2024.

6. Accordingly, the present restoration application stands disposed of.

(Rajesh Kumar Verma, J) Harshita/- U