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2025 DAILYLAW 21929 (JHR)

BADHAN BEDIA v. DEPUTY COMMISSIONER HAZARIBAGH ( NOW RAMGARH )

C.M.P./782/2024 · 2025-01-17

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.782 of 2024 ------ 1. Badhan Bedia (aged about 70 years) 2. Jivlal Bedia (aged about 65 years) Both Sons of- Late Kushla Bedia, residents of Village- Kadru, P.S.- Patratu, P.O. Barkakana Naya Naya, Dist. Ramgarh … Petitioners Versus 1. Deputy Commissioner, Hazaribagh (now- Ramgarh) P.O. & P.S. & Dist. Ramgarh 2. The Deputy Chief Engineers (Const.) East Central Railway, P.O.- Barkakhana, P.S. Patratu, Dist Ramgarh … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Mitul Kumar, Advocate For the Opp. Parties : Mr. Achyut Keshav, AAG-V Mr. Anil Kumar, Addl.SGI ------ Order No:-04 Dated:-17-01-2025 Heard the parties. This Civil Miscellaneous Petition has been filed by the petitioners with a prayer for restoration of F.A. No.159 of 2018 to its original file which stood dismissed for non-compliance of peremptory order dated 09.12.2020. It is submitted by the learned counsel for the petitioners that F.A. No.159 of 2018 stood dismissed for non-prosecution vide order dated 09.12.2020. It is next submitted that F.A. No.159 of 2018 was listed before this Bench and the appellants of the said F.A. No.159 of 2018 were directed to remove the remaining defects within a period of 30 days after physical court starts but inadvertently due to very long gap, the same could not be removed; which resulted in dismissal of the said F.A. No.159 of 2018 for non-compliance of the peremptory order dated 09.12.2020. It is next submitted that non-compliance of the said peremptory order dated 09.12.2020 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said F.A. No.159 of 2018 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the F.A. No.159 of 2018 be restored to its original file. Learned counsels appearing for the opposite parties have not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioners, F.A. No.159 of 2018 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 F.A. No.159 of 2018 before the concerned Bench after a week. This Civil Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Saroj/