This order restored a writ petition dismissed for non-appearance on merits after the petitioner demonstrated illness. The state did not oppose the prayer, and the court allowed the restoration without substantive discrimination against the petitioner's delay.
The W.P.C. No. 3585 of 2014 is restored to its original file.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 10 of 2016
Pasupati Kumar …......... Petitioner
Vrs.
CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Sunil Kumar For the Opposite Parties : Mr. P.P.Roy, J.C to Mr. Rajesh Shankar, G.A.
03/19.08.2016 Heard learned counsel for the parties.
Petitioner seeks restoration of W.P.C. No. 3585 of 2014 which was dismissed for non- appearance on 16.12.2015. Learned counsel for the petitioner submits that he was not well on the said date and could not appear in the Court. Though request was made to his colleague for seeking adjournment on that ground but when the matter was taken, inadvertently it remained unrepresented. Petitioner will suffer irreparable loss and injury if the writ petition is not restored. There are no intentional laches on his part.
Learned counsel for the State does not oppose to the said prayer.
In that view of the matter and for the reason stated in the instant C.M.P, W.P.C. No. 3585 of 2014 is restored to its original file.
Instant C.M.P stands allowed.
(Aparesh Kumar Singh, J.)
A. Mohanty
1 issue framed by the court
Whether the writ petition was liable to be restored after dismissal for non-appearance due to illness?
Pasupati Kumar
The State of Jharkhand through Chief Secretary, Dhurwa, Ranchi
The Deputy Commissioner cum District Work Co-Ordinator, West Singhbhum, Jharkhand
The Executive Engineer, District Village Development Officer, Chaibasa, West Singhbhum
The Block Development Officer, Jhik Pani, Chaibasa
Apareesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
