THE STATE OF JHARKHAND THROUGH THE CHIEF ENGINEER MINOR IRRIGATION DEPTT v. M/S KAMLA CONSTRUCTION COMPANY
C.M.P./397/2023 · 2025-09-19
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11233 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11233 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:29103 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No.397 of 2023
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1. The State of Jharkhand through the Chief Engineer, Minor Irrigation Department, Dumka at present Water Resources Department, Jharkhand, P.O.-Dumka, P.S.-Dumka, District- Dumka.
2. The Superintending Engineer, Minor Irrigation, Circle Dumka, P.O.-Dumka, P.S.-Dumka, District-Dumka.
3. The Executive Engineer, Minor Irrigation Division, Sahibganj, P.O., P.S. and District-Sahibganj.
… Petitioners
Versus M/s Kamla Construction Company, Resident of Kamla Niwas, 201, Co-operative Colony, Bokaro City, P.O., P.S. and District-Bokaro.
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Pradeep Kumar, Advocate
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Order No:-06 Dated:-19-09-2025
Heard the parties.
This civil miscellaneous petition has been filed by the petitioners with the prayer for restoration of Second Appeal No.26 of 2021 to its original file which stood dismissed for non-compliance of the order dated 13.02.2023.
It is submitted by the learned counsel for the petitioners that Second Appeal No.26 of 2021 stood dismissed for non-compliance of the order dated 13.02.2023 by this Court. It is next submitted that due to inadvertence on the part of advocate’s clerk, the said defects could not be removed within the stipulated time; which resulted in dismissal of the said Second Appeal No.26 of 2021 for non-compliance. It is next submitted that non-compliance of the order dated 13.02.2023 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said Second Appeal No.26 of 2021 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the Second Appeal No.26 of 2021 be restored to its original file.
Considering the aforesaid submission of the learned counsel for the petitioners and the facts of this case, Second Appeal No.26 of 2021 is
directed to be restored to its original file at the same stage at which it was before its dismissal.
Registry is directed to list Second Appeal No.26 of 2021 before the concerned Bench after a week.
This Civil Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) 19/09/2025 Abhiraj/