IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.547 of 2008 Navin Kumar S/o Sri Shankar Mahto,R/o Village Bakhari Bazar, P.O. and P.S. Bakhari Bazar, Dist. Begusarai ---Petitioner/Appellant Versus 1. The Bihar Public Service Commission, bailey Road Patna through its Secretary. 2. The Chairman, Bihar Public Service Commission, Bailey Road, Patna. 3. The District Magistrate, Begusarai. 4. The District Superintendent of Education, Begusarai. -----Respondents For the Petitioner: Mr. Pramod Mishra, Advocate. For the B.P.S.C. : Mr. Sanjay Pandey, Advocate. For the State : Mr. Sanat Kumar Mishra, AC to GA-2. 04. 06.03.2009 This appeal is preferred against the order dated 09.05.2008 passed by learned Single Judge in M.J.C.No. 2951/2007. Mr. Pramod Mishra appears for the petitioner. The writ application filed by the petitioner, i.e. C.W.J.C.No. 9062/2000 was dismissed on account of non appearance of the petitioner on 02.08.2007. He filed application for its restoration on 03.12.2007. The ground taken in the restoration application was that counsel for the petitioner was under an impression that the case shall not be taken up and he left the court. However, the case was called out and dismissed for default. Even if the aforesaid assertion of the 2 petitioner is accepted nothing prevented him to enquire about the fate of the case, when it was not listed on the next date and/or within reasonable time. He had chosen to file the restoration application after about 4 months on 03.12.2007. The learned Single Judge has declined to restore the writ application inter alia observing that it was a case of gross negligence. The conclusion arrived at by the learned Single Judge is on consideration of the relevant materials which cannot be said to be illegal calling for interference in this appeal. We do not find any merit in this appeal. It is dismissed accordingly. Sym (Chandramauli Kumar Prasad, ACJ) ( Kishore K. Mandal, J.)