IN THE HIGH COURT OF JUDICATURE AT PATNA MJC NO.3047 OF 2011 SANJAY KUMAR, S/O SITA RAM PASWAN, R/O VILLAGE & P.O SOWAN, P.S KRISHNA GARH, DISTRICT BUXAR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2.D.G CUM I.G. OF POLICE, BIHAR, PATNA. 3.D.I.G OF POLICE, B.M.P. NORTHERN ZONE, MUZAFFARPUR. 4.THE COMMANDANT, B.M.P.,6, MUZAFFARPUR. ………………………RESPONDENTS. ----------- 03/ 14.09.2011 In view of the fact that the earlier writ petition was dismissed on account of non compliance of the order of this Court dated 17.05.2011, as also when the petitioner did not choose to remain present on 12.07.2011, this Court would find that the reasons given in this application as with regard to there being no due diligence on the part of the counsel for the petitioner seems to be incorrect. Such counsel after the death of late Tez Bahadur Singh had appeared on 17.05.2011 and had made his submissions, whereafter this Court had adjourned the matter for allowing him to make an amendment by also assailing the order which was passed during the pendency of this writ application. In that view of the matter, while 2 this Court is not inclined to restore the writ application, it would still give liberty to file fresh writ application assailing the earlier order which was passed during the pendency of the writ application i.e. C.W.J.C No. 7650 of 1997. With the aforementioned observation and liberty, this application is dismissed. Ranjan (Mihir Kumar Jha, J.)