In a matter regarding restoration of a dismissed writ petition, the High Court at Ranchi granted a conditional restoration order. The court directed the petitioner's counsel to remove surviving defects and the petition was disposed of accordingly.
Restoration of W.P.(S) No. 2769 of 2014 to file; two weeks time to remove defects.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI. C.M.P. No. 156 of 2016
Nita Singh
.......... Petitioner
Versus
State of Jharkhand & Ors. . …..... Opp. Parties
CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH
… For the Petitioner : Mr. Rakesh Kr. Roy, Advocate For the Opp. Parties : J.C. to A.A.G.
03/19.08.2016: Heard learned counsel for the parties.
Petitioner seeks restoration of W.P.(S) No.2769 of 2014 which was dismissed for non-compliance of the peremptory order dated 25th September, 2014 for failure to remove the defects within time.
Counsel for the petitioner submits that due to the laches on the part of his Clerk, the defects could not be removed within the stipulated time. The Advocate's Clerk of the counsel also unfortunately expired in a tragic road accident after few days. Therefore, counsel was under the impression that the defects have been removed. There are no deliberate laches on the part of the petitioner. If the writ petition is not restored, the petitioner shall suffer irreparable loss and injury.
Counsel for the opposite parties do not object to the prayer for
restoration.
Having regard to the submissions made and the statements made in the instant petition, let W.P.(S) No.2769 of 2014 be restored to its original file. Counsel for the petitioner shall remove the surviving defects, if any, in the writ petition within a period of two weeks from today.
The instant petition stands disposed of accordingly.
( Aparesh Kumar Singh, J.)
Shamim/
1 issue framed by the court
Whether the writ petition framed in C.M.P. No. 156 of 2016 for restoration of W.P.(S) No. 2769 of 2014 needs to be legally disposed of due to admitted defects.
Nita Singh
State of Jharkhand & Ors.
Aparesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
