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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, J.
Robert Prabhat Minz - Appellant
Versus
State Of Jharkhand - Respondent
Civil Miscellaneous Petition No. 121 of 2019
Decided On : 13-09-2019
Restoration - Writ Petition - The court allowed the restoration of a writ petition that had been dismissed for non-compliance of an order due to a defect in filing a document. The petitioner's inadvertent mistake in providing a typed copy instead of a fresh copy led to the dismissal, but since the defects were rectified, the court restored the writ petition to its original file.
Fact of the Case:
The petitioner filed a Civil Miscellaneous Petition for restoration of a writ petition that was dismissed for non-compliance of an order due to a defect in filing a document.
Finding of the Court:
The court, after hearing both parties, allowed the restoration of the writ petition to its original file, considering the rectification of the defects.
Issues: The main issue was the restoration of the dismissed writ petition due to non-compliance of an order regarding the filing of a document.
Ratio Decidendi: The court decided to restore the writ petition based on the rectification of the defects that led to its dismissal.
Final Decision: The court allowed the restoration of the writ petition, W.P.(C) No. 1354 of 2017, to its original file.
JUDGMENT
Sujit Narayan Prasad, J. - The instant Civil Miscellaneous Petition has been filed for restoration of writ petition being W.P.(C) No. 1354 of 2017, which has been dismissed vide order dated 12.02.2019 for non-compliance of order dated 05.02.2019.
2. Mr. A Khan, learned counsel for the petitioner has submitted that for defect pertaining to filing of fresh copy of document, the petitioner due to inadvertence has given typed copy, as such for non-compliance of peremptory order, the writ petition stood dismissed, now since the defects have been removed, therefore, the writ petition may be restored to its original file otherwise the petitioner shall suffer irreparable loss and injury.
3. Learned counsel for the respondents, without objecting to such submissions, has submitted that appropriate order may be passed.
4. This Court after hearing learned counsel for the parties and considering the aforesaid submissions advanced by learned counsel for the petitioner, deem it fit and proper to allow the prayer made in the instant petition by restoring the writ petition, being W.P.(C) No. 1354 of 2017 to its original file. The Civil Miscellaneous Petition stands disposed of.
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