IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.294 of 2009 SUNIL KUMAR SINGH, son of Shri Gajendra Prasad Rathaur, R/o Kutchery Road, Hajipur, P.S. Hajipur, Distt. – Vaishali …… …………………………………………..Petitioner / Appellant Versus 1. THE STATE OF BIHAR through the Secretary, Human Resources Development Deptt., New Secretariat, Vikas Bhawan, Patna, 2. Shri Uma Shankar Prasad, name of father not known to the petitioner, Dy. Secretary, Human Resources Development Deptt., New Secretariat, Vikas Bhawan, Patna, 3. The Director, Higher Education, Human Resources Development Deptt., New Secretariat, Vikas Bhawan, Patna, 4. The Vice Chancellor, Baba Saheb Bhimrao Ambedkar, Bihar University, Muzaffarpur and 5. The Principal, R.N. College, Hajipur, Vaisahli …… …………………………………………….Respondents ----------- 3. 20.04.2009. The Writ Petition, being CWJC No. 9379/2000, filed by the petitioner was dismissed for non- prosecution. The petitioner then filed a restoration application, being MJC No. 1283/2007. When the restoration application was taken up, again no body appeared on behalf of the petitioner to press the application and, thus, the restoration application was dismissed for want of prosecution, against which the petitioner preferred yet another restoration application, being MJC No. 2836/2008, wherein it has been stated that unfortunately the counsel for the petitioner was himself in custody in a criminal case when the first restoration application was taken up, and, therefore, no 2 body could appear on behalf of the petitioner to press the restoration application, but the submission could not find favour and, ultimately, the second restoration application was also dismissed by the learned Single Judge vide order dated 12.02.2009 with an observation that the second restoration application is not entertainable. The petitioner thereafter preferred the present letters patent appeal challenging the order dated 12.02.2009 passed in MJC No. 2836/2008. In the above circumstances and having considered the averments made in the memorandum of appeal, we allow this appeal and set aside the order dated 12.02.2009 passed in MJC No. 2836/2008 as also the order dated 08.11.2007 passed in MJC No. 1283/2007. The writ petition is restored to its original file and number. Let the writ petition (CWJC No. 9379/2000) be posted before the appropriate Bench. dk ( J.B. Koshy, CJ ) ( Dr. Ravi Ranjan, J. )