The High Court of Patna dismissed a restoration application filed for a writ case dismissed due to non-compliance with a peremptory order. The petitioner's eight-month delay disentitles them to restoration, but they are permitted to file a fresh writ application.
Application dismissed; petitioner at liberty to file a fresh writ application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.412 of 2013
In
Civil Writ Jurisdiction Case No. 6032 of 2012 ====================================================== Lal Babu Sah, son of Sri Bhola Sah, resident of village- Saraunja, P.S. Birpur, District- Begusarai. .... .... Petitioner/s Versus 1. The State Of Bihar through Secretary, Human Resources Department, New Secretariat, Patna 2. District Teachers Appointment Appellate Authority, Begusarai 3. Selection Committee for appointment of Panchayat Teacher headed by Mukhia, Gram Panchayat Raj Parra within Begusarai District 4. Mukhia, Gram Panchayat Raj Parra within Begusarai District 5. Panchayat Secretary, Gram Panchayat Raj Parra within Begusarai District 6. Teachers Employment Anu Sarvan Samitee, Begusarai headed by District Magistrate, Begusarai as its Chairman 7. District Superintendent of Education, Begusarai Member Teacher Employment Anu Sarvan Samiti, Begusarai 8. Block Education Extension Officer, Birpur at Birpur District- Begusarai 9. Block Development Officer, Birpur, At & P.O.- Birpur, DistrictBegusarai 10. Gangadhar Bihari, son of Ram Chandra Mahto, resident of village Mubarakpur Fulkari, P.S. Birpur, District- Begusarai. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Man Bansh For the Respondent/s : Mr. Neelu Agrwal Ga6 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER
3 19-06-2013 This restoration application has been filed for restoration of C.W.J.C.No.6032 of 2012 which was dismissed for non-compliance of the order dated 3.4.2012.
By the said order, this Court had directed for issue of notice on respondent nos.4, 5 and 10 under registered cover with A.D. as well as through ordinary process and petitioner was directed to file requisites for the same within one week. Petitioner
Patna High Court MJC No.412 of 2013 (3) dt.19-06-2013
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did not file requisites within the peremptory time granted and therefore, the writ application stood dismissed.
Order was passed on 3.4.2012 and the petitioner has filed this restoration application only in January, 2013 i.e. eight months after. Delay in filing this application disentitles the petitioner from getting an order of this Court for restoration of the writ application.
This restoration application is dismissed.
However, since petitioner has filed this application for restoration of the writ application, which stood dismissed due to non-compliance of peremptory order, he will be at liberty to file a fresh writ application
(Jayanandan Singh, J)
Pradeep/-
3 issues framed by the court
Whether the petitioner is entitled to restoration of a dismissed writ application filed with significant delay in violation of a peremptory order.
Whether the petitioner is permitted to file a fresh writ application after dismissal of a restoration application.
Whether the delay of eight months in filing the restoration application disentitles the petitioner to seek restoration.
Lal Babu Sah
State Of Bihar through Secretary, Human Resources Department
District Teachers Appointment Appellate Authority, Begusarai
Selection Committee for appointment of Panchayat Teacher
Mukhia, Gram Panchayat Raj Parra
Panchayat Secretary, Gram Panchayat Raj Parra
Jayanandan Singh
As recorded by the court registry
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