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2025 DAILYLAW 20840 (JHR)

MS CENTRAL COALFIELDS LTD v. SAHDEO GANJHU AND ORS

C.M.P./385/2020 · 2025-08-01

Sanjay Kumar Dwivedi

body2025

Judgment text

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(2025:JHHC:21352) -1- C.M.P. No. 385 of 2020 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 385 of 2020 CMD ( Land and Revenue) M/s Central Coalfields Ltd. ( a subsidiary of coal India Limited Estd. Company registered under Companies Act, 1956 and having their office at Darbhanga House, P.O Ranchi University, P.S. Ranchi University, P.S Kotwali, District-Ranchi, through its General Manager (Admn) Shri Bimlendu Kumar aged about 58 years, son of Jagdish Pandey, residing at Flat No. 2 C, Shanti Apartment,Dangra Toli Lalpur, P.O and P.S. Lalpur, District-Ranchi (Jharkhand) … Petitioner -Versus- 1. Sahdeo Ganjhu 2. Parmeshwar Ganjhu 3. Ketar Ganjhu All sons of late Sona Ganjhu, all resident of village Topa, P.O+P.S Mandu, District Ramgarh 4. Dy. Commissioner, Ramgarh, P.O and P.S. Ramgarh … Opposite Parties ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Kanishka Deo, A.C. to Mr. A.K. Das, Advocate For O.P. No.4 : Mr. Shubham Gautam, A.C. to A.A.G.-V ----- 07/01.08.2025 Learned counsel is present on behalf of opposite party no.4. 2. Notices upon opposite party nos. 1 to 3 have already been effected and twice the matter was adjourned with a view to provide one more opportunity to them and in spite of that, they have chosen not to appear before this Court. 3. Learned counsel for the appellants submits that this petition has been filed for restoration of First Appeal No.60 of 2019, which was dismissed on 31.01.2020 for non-compliance of the peremptory order dated 16.01.2020. He further submits that there is delay of 12 days in filing the present C.M.P and in view of that, IA No. 2508 of 2021 has been filed for condoning the delay. He submits that certified copy of the judgment was received belatedly and in view of that, such delay has occurred and for that only the said First Appeal was dismissed. He submits that in view of that the delay may kindly (2025:JHHC:21352) -2- C.M.P. No. 385 of 2020 be condoned and abatement may kindly be set-aside. 4. Learned counsel appearing for opposite party no. 4 has got no serious objection. 5. Considering that for not removing the defects, the said First Appeal was dismissed and further, it has been pointed out in the said I.A. that delay has occurred in obtaining certified copy of the judgment and in that view of the matter, the Court finds that sufficient ground is made out to condone the delay and, as such, the delay of 12 days in filing the present C.M.P is hereby condoned and abatement is set-aside. 6. Accordingly, IA No. 2508 of 2021 is disposed of. 7. Consequently, the First Appeal No. 60 of 2019 is restored to its original file. 8. This C.M.P is, therefore, allowed and disposed of. (Sanjay Kumar Dwivedi, J.) Ajay/ Abha