Krishna Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4373 of 2016 In Civil Writ Jurisdiction Case No.16012 of 2006 ====================================================== Krishna Kumar ... ... Petitioner/s

Versus

The State Of Bihar & Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Kamala Kant Tiwary For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-11-2017 Heard Sri Kamala Kant Tiwary, learned counsel for the petitioner.

The present petition has been filed with a prayer to restore C.W.J.C. No. 16012 of 2006, which stood dismissed on 23.03.2015 due to non -prosecution.

Learned counsel for the petitioner tried to persuade the court that due to the reason which was beyond his control, he failed to appear on the date when writ petition was taken up. However, I have examined the record of C.W.J.C. No. 16012 of 2006, which makes it clear that on number of occasions case was got adjourned on prayer made on behalf of the petitioner and finally, on 23.03.2015 again since none appeared on behalf of the petitioner, the writ petition stood dismissed due to nonprosecution. Though, it was dismissed on 23.03.2015 without

Patna High Court MJC No.4373 of 2016(2) dt.01-11-2017 2/2 giving any plausible explanation for approaching the court after such a long time, the restoration petition was filed in the month of December, 2016. Since there is no explanation for approaching the court for restoration after such a long time, there is no reason to entertain the same.

Accordingly, the restoration petition stands dismissed. (Rakesh Kumar, J) praful/- U T