Randhir Kumar Singh @ Nripendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3135 of 2023 In Civil Writ Jurisdiction Case No.4418 of 2022 ====================================================== Randhir Kumar Singh @ Nripendra Kumar Singh Son of Awadhesh Prasad Singh, Resident of Village- Tetar, P.S.- Atri, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Commissioner, Magadh Division, Gaya.

3.

The District Magistrate, Gaya.

4.

The Senior Superintendent of Police, Gaya.

5.

The Officer-In-Charge Atri Police Station, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Prasad, Advocate For the Opposite Party/s :

Mr.Manish Kumar (GP- 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2024 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 4418 of 2022, which has stood dismissed for default on account of non-compliance of the peremptory order dated 19.12.2022.

2.

The learned counsel for the petitioner submits that on account of inadvertence, the Advocate Clerk had filed the supplementary affidavit in the Disposal Section instead of filing the same in the Pending Section, resulting in the Registry not being able to perceive that the

Patna High Court MJC No.3135 of 2023(2) dt.19-07-2024 2/2 peremptory order dated 19.12.2022 has stood complied with, however, the fact remains that the petitioner has already removed the defects pointed out by the Registry, hence it is submitted that a sympathetic view be taken and the aforesaid writ petition be restored to its original file.

3.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No. 4418 of 2022 to its original file, subject to the Registry verifying as to whether the defects pointed out by the Registry has been removed or not.

4.

The present petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U