Irfan Ahmed Khan Others v. the State of Jharkhand and Others
Case brief
What is this about?
The Court restored the writ petition WP(S) No. 7196 of 2013, originally dismissed for default, finding the petitioner made sufficient grounds for extension of time to address surviving defects before non-compliance occurred. The restitutive order was maintained as the State did not oppose.
What did the court decide?
Writ petition No. 7196 of 2013 restored to its original file.
What the court decided
5/23.11.2017
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C. M. P. No. 326 of 2014
Irfan Ahmed Khan ..... Petitioner vs.- The State of Jharkhand & another ......Opp. parties -----
CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner : Mr. Lukesh Kumar Adv. For the Opp. Parties : J. C to A.G.
Heard learned counsel for the parties.
Petitioner seeks restoration of W.P.(S) No. 7196 of 2013, which was dismissed for default due to non-compliance of peremptory order dated 19th June, 2014 on failure to remove the surviving defects.
Counsel for the petitioner submits that defects could not be removed within peremptory time as the file had not reached the Inspection Section despite application being made to that effect. Therefore, an application for extension of time was made through I.A. No. 3370 of 2014 filed on 4th July, 2014 in the writ petition. However, before I.A. No. 3370 of 2014 could be taken, the writ petition was dismissed due to non-removal of defects. Therefore, petitioner is not at fault and would suffer irreparably if the writ petition is not restored.
Issues for consideration
1 issue framed by the court
Whether the writ petition should be restored given the petitioner's application for an extension of time to remove defects.
Parties & counsel
- petitioner
Irfan Ahmed Khan
- respondent
The State of Jharkhand
Coram
Apareesh Kumar Singh
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · November
- Registered
- Case no.
- C.M.P./326/2014
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