IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.209 of 2009 RAVINDRA SINGH Versus THE STATE OF BIHAR & ORS ----------- 5 6-10-2009 Heard the parties. Learned counsel for the appellant submits that the appellant will suffer irreparable injury if the restoration petition bearing M.J.C. No. 273 of 2009 is not allowed by setting aside the order under appeal. It has been further submitted that there are different sets of respondents on whom notices were required to be served through different modes and the clerk of the counsel could not follow the instruction properly which led to dismissal of the writ petition for non- compliance of peremptory order dated 9-1-2009. Considering all the facts and circumstances and the aforesaid submission, we find sufficient merit in the submission noted above. The appeal is accordingly allowed. The order dated 4-2- 2009 is set aside and M.J.C. No.273 of 2009 is allowed. Consequently the writ petition bearing C.W.J.C.No. 17909 of 2008 stands restored to its original file. If the requisites by correct mode had already been filed then notices may be issued to whom who have not appeared. If any further requisites are required to be filed by the appellant then that must be filed within one week from today. The interim order passed in the writ petition will also stand restored.. Since the matter relates to non-sitting of Pramukh and the - 2 - consequent vacancy having not been filled up till interim order, it may require urgent hearing. Hence, list this matter before appropriate Bench without any delay. ( Shiva Kirti Singh,ACJ) ( Shyam Kishore Sharma,J) Naresh