Patna High CourtMJC/4514/2013allowed

Chandrashekhar Prasad Nirala v. The State Of Bihar And ORS

2017-01-16Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4514 of 2013 In Civil Writ Jurisdiction Case No. 7068 of 2013 ====================================================== Chandrashekhar Prasad Nirala .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Respondent/s : AC to P.A.A.G. - 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-01-2017 Heard Sri Rajesh Kumar Sinha, learned counsel for the petitioner and learned AC to P.A.A.G. No. 2. The present petition has been field with a prayer to restore the writ petition i.e. CWJC No. 7068 of 2013 in respect of respondent no. 11 which stood dismissed against him due to non - compliance of peremptory order dated 27.6.2013 . By the said order notice was directed to be issued to respondent no. 11. Notice was to go through ordinary process as well as registered cover with A/D for which requisite was directed to be filed within

Patna High Court MJC No.4514 of 2013 (4) dt.16-01-2017 2/2 one week peremptory.

Learned counsel for the petitioner submits that due to inadvertence of his Clerk delay had occurred in filing the requisite. However, considering the facts and circumstances the aforesaid CWJC No. 7068 of 2013 is restored in respect of respondent no. 11 on condition that petitioner must file requisite in compliance with the order dated 27.6.2013 within a period of three weeks failing which CWJC No. 7068 of 2013 shall stand dismissed against respondent no. 11 without further reference to Bench.

(Rakesh Kumar, J) Praful/- U