IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.61 of 2008 HARI PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 02. 22.04.2009 By filing the present application petitioner seeks restoration of writ petition bearing no. 10842 of 2002 (Hari Prasad Singh Versus The State of Bihar and others) to its original file. The said order reads thus: “No one appears on behalf of the petitioner. Let fresh steps be taken for service of notice under registered cover with acknowledgement due upon respondent no.6 requisites etc for which must be filed within one week failing which the application shall stand rejected without further reference to a Bench.” It has been stated that the requisites were filed some time on 11.12.2007 and the present application seeking restoration was thereafter filed in Jaunary, 2008. In paragraph no.4 of the restoration application the following averments have been made: “4. That it is stated that on 31.08.2007 the counsel for the petitioner Mr. A.S.Jha got his daily cause list very belatedly and unfortunately the above said case under the heading “ For orders ( on office notes)” could not be marked.” There is no explanation as to why after receiving the list belatedly, an effort was made to ascertain the order passed in the proceeding. This court, having regard to the facts stated in the restoration application and the submissions made in support 2 thereof, is not convinced that a sufficient ground for recalling the order dated 31.08.2007 has been made out. Consequently, the application is rejected. The writ petition so far as respondent no.6 is concerned, stands rejected. Sym/ (Kishore K. Mandal, J.)