IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4235 of 2010 NITHURI RAI, SON OF NARAYAN, RESIDENT OF MOHALLA AMBEDKAR COLONY, YARPUR PATNA, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR URBON DEVELOPMENT THROUGH THE SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. SRI SRIDHAR CHERU BILLU, THE TOWN COMMISSIONER, PATNA MUNICIPAL CORPORATION. -------------- 04. 10.08.2011 By filing supplementary affidavit counsel for the petitioner states that M.J.C. No.850 of 2009 was dismissed for default on account of none appearance of the counsel for the petitioner on 12.05.2010 and 30.06.2010. On 12.05.2010 counsel for the petitioner states that he could not mark the list. On 30.6.2010 he states that he was ill, as such, he could not appear in the matter. From the contempt petition it appears that representation filed in compliance of the orders of the High Court dated 31.01.2006, Annexure-1 has not been signed by the petitioner as the photo copy of the representation, Annexure-2 does not indicate that the same has been signed by the petitioner as his signature over Annexure-2 does not tally the signature over Vakalatnama. In the circumstances, I am not inclined to restore M.J.C. No.850 of 2009. Accordingly, the present contempt petition is dismissed, however with liberty to Nithuri Rai to file another contempt petition. Rajesh/ ( V. N. Sinha, J.)