The Patna High Court allowed a petition to restore Civil Writ Jurisdiction Case No. 2640 of 2011. The restoration is conditional upon filing a supplementary affidavit within ten days, failing which the original writ petition will be dismissed.
C.W.J.C. No. 2640 of 2011 restored to original file provided supplementary affidavit is filed within ten days.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.875 of 2017 In
Civil Writ Jurisdiction Case No.2640 of 2011
======================================================
Balmiki Kumar
... ... Petitioner/s
Versus
The State Of Bihar & Ors
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Sri Sanjay Kumar For the Opposite Party/s : Ms. Divya Verma, A.C. to A.A.G. 3
======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
3 05-09-2018
Heard Sri Sanjay Kumar, learned counsel for the petitioner and learned A.C. to A.A.G. No. 3.
The present petition has been filed with a prayer to restore C.W.J.C. No. 2640 of 2011, which stood dismissed due to non- compliance of peremptory order dated 07.12.2015. As per the order petitioner was granted time for filing supplementary affidavit within specified time. Since supplementary affidavit in compliance with earlier order was not filed within time, the writ petition stood dismissed.
Learned counsel for the petitioner requests that if writ petition is restored to its original file, he will be filing supplementary affidavit in view of order dated : 07.12.2015 within a week.
Accordingly, the restoration petition is allowed and
Patna High Court MJC No.875 of 2017(3) dt.05-09-2018 2/2
C.W.J.C. No. 2640 of 2011 is directed to be restored to its original with condition that if supplementary affidavit in compliance with order dated – 07.12.2015 passed in C.W.J.C. No. 2640 of 2011 is not filed within ten days, the writ petition shall stand dismissed without further reference to a Bench.
(Rakesh Kumar, J)
praful/-
U
1 issue framed by the court
Whether to restore C.W.J.C. No. 2640 of 2011 despite non-compliance with earlier peremptory orders.
Balmiki Kumar
The State Of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
