Petitioner sought restoration of a dismissed writ petition regarding pension and requested remission of defects caused by inability to serve a respondent. The court restored the petition and disposed of the CMP.
Restoration of W.P. (S) No. 7775 of 2013 to its original file.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
C. M. P. No. 210 of 2014
...
Radha Krishna Singh … …Petitioner
-V e r s u s-
CORAM: - HON’BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner : - Mr. Anil Kumar Ganjhu, Adv. For the Opposite Parties :- Mr. Ramit Satender, Adv.
05/19.08.2017
Heard learned counsel for the parties.
Petitioner seeks restoration of W. P. (S) No. 7775 of 2013, which was dismissed for non compliance of the peremptory order dated 01.05.2014 on failure to remove surviving defects.
Counsel for the petitioner submits that service of copy on the counsel for the respondent no. 4 could not be made as their office could not be ascertained within the stipulated time, though it has been served later on. Petitioner, who is a retired person, has approached this Court for pension and would suffer irreparably, if the writ petition is not restored without any fault on his part.
Learned counsel for the opposite parties does not object to the prayer.
Having regard to the submission made and the reasons stated in the instant petition, let W. P. (S) No. 7775 of 2013 be restored to its original file.
The CMP stands disposed of accordingly.
Kamlesh/
1 issue framed by the court
Whether the writ petition concerning pension should be restored to its original file due to service defect on counsel's office.
Radha Krishna Singh
State of Jharkhand
State of Bihar
Commissioner-cum-Secretary, Food, Supply and Commerce Department, Government of Bihar, Patna
Managing Director, Bihar State Food and Civil Supplies Corporation Ltd. Patna
District Commissioner, West Singhbhum
Aparesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
