Patna High CourtMJC/1160/2017allowed

Danesh Prasad Singh v. The State Of Bihar And ORS

2019-01-02Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1160 of 2017 In Civil Writ Jurisdiction Case No.3327 of 2017 ====================================================== Danesh Prasad Singh S/o Late Rameshwar Singh, resident of village - Jivrakhan Tola ( lodhipur Bazar ), P.S. Maner, Distt. - Patna ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Water Resource Department, Government of Bihar, Patna.

2. The Chief Engineer, Water Resource Department, Government of Bihar, Patna.

3. The Executive Engineer, Tirhut Nahar Division No.1, Motihari

4. The Accountant General, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar, Advocate For the Respondent/s :

Mr.Anjani Kumar - AAG- 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-01-2019 Heard Learned counsel for the petitioner and learned counsel for the State.

This application has been filed by the petitioner for restoration of C.W.J.C. No.3327 of 2017 to its original file, which stood dismissed due to non-compliance of the peremptory order dated 03.03.2017.

Learned counsel for the petitioner submitted that the petitioner was vigilant and conscious of the fact that the defect, as pointed out, should be removed on or before, 10.03.2017, that is, the last working day before holiday for Holi. However, due to inadvertence of the advocate clerk, the defect could not be

Patna High Court MJC No.1160 of 2017(4) dt.02-01-2019 2/2 removed on or before 10.03.2017. He submitted that the mistake committed by the advocate clerk was neither deliberate nor wilful. If the writ petition is not restored, the petitioner would suffer irrepairable loss.

Learned counsel for the State does not oppose the application for restoration of the writ petition. Considering the submissions made above, C.W.J.C. No.3327 of 2017 is directed to be restored to its original file. (Ashwani Kumar Singh, J) Md. S/- U