Sudhir Kumar @ Sudhir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1317 of 2017 In Civil Writ Jurisdiction Case No. 20764 of 2012 ====================================================== Sudhir Kumar @ Sudhir Singh, Son of Rajendra Prasad Sao, resident of Mohalla- Ghoshi Tola, P.s.- Kasim Bazar, District- Munger. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Ms. Sushmita Mishra, Advocate. For the Opposite Party: Mr. Md. Anisul Haque, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-08-2017 The present petition has been filed for modification of the order dated 26.10.2016 passed in C.W.J.C. No. 20764 of 2012.

2. Learned counsel for the petitioner submits that the petitioner was required to approach the District Magistrate, Munger with a representation within a period of three weeks from the date of passing of the order dated 26.10.2016, but owing to indisposition, such representation could only be filed on 01.12.2016 after a short delay of about 12 days.

3. This Court is satisfied that the petitioner was prevented by reasonable cause in filing the representation within the permitted time.

4. It is accordingly directed that the representation

Patna High Court MJC No.1317 of 2017 (3) dt.23-08-2017 filed by the petitioner on 01.12.2016 before the District Magistrate, Munger be treated as a representation validly filed pursuant to order of this Court dated 26.10.2016, which order shall be treated as modified to the extent that the time prescribed thereunder for filing the representation shall be treated as extended upto 01.12.2016.

5. The modification petition stands disposed of. (Vikash Jain, J) Md. Ibrarul/Chandran U