BADHAN BEDIA v. DEPUTY COMMISSIONER HAZARIBAGH ( NOW RAMGARH )
C.M.P./794/2024 · 2025-02-14
Anubha Rawat Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21949 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21949 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 794 of 2024 with I.A. No. 9603 of 2024
1. Badhan Bedia
2. Jivlal Bedia, Both sons of late Kushal Bedia, resident of village Kadru, P.S. Patratu, P.O. Barkakana, Dist. Ramgarh.
… Petitioners
Versus
1. Deputy Commissioner, Hazaribagh (now Ramgarh), P.O. & P.S. Ramgarh, Dist. Ramgarh.
2. The Deputy Chief Engineers (Const.), East Central Railway, P.O. Barkakhana, P.S. Patratu, Dist. Ramgarh.
….. Opposite Parties.
3. Tulsi
4. Jatru Bedia
5. Matru Bedia Sl. No. 3 to 5 sons of late Bastua Bedia
6. Bhola Bedia, son of late Balkaha Bedia
7. Gandowi Bedia
8. Gauri Bedia, Both sons of late Jugal Bedia Sl. Nos. 3 to 8 are residents of village Kadru, P.S. Patratu, P.O. Barkakana, Dist. Ramgarh
… Performa Opp. Parties ---
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
For the Petitioners : Mr. Mitul Kumar, Advocate
For the Opp. Parties : Ms. Shalini Shahdeo, AC to SC(L&C)-I
Ms. Niki Sinha, CGC
---
04/ 14.02.2025
Heard the learned counsel for the parties.
2. This petition has been filed for restoration of F.A. No. 165 of 2018 which stood dismissed on 04.07.2022 on account of non- compliance of the Court’s order dated 09.12.2020.
3.
Learned counsel for the petitioners has submitted that there has been delay in filing restoration application and therefore, I.A. No. 9603 of 2024 has been filed seeking condonation of delay of 730 days.
Learned counsel for the petitioners has also submitted that similar First Appeals are pending.
2
4.
Learned counsel for the parties has no serious objection to the prayer for condonation of delay and also for restoration of First Appeal.
5. After hearing the learned counsel for the petitioners and being satisfied with the cause shown in I.A. No. 9603 of 2024 seeking condonation of delay in filing the petition for restoration is hereby allowed.
6. So far as C.M.P. No. 794 of 2024 is concerned, the same is also allowed and F.A. No. 165 of 2018 is restored to its original file.
7. At this, the learned counsel for the petitioners has submitted that one interlocutory application has been filed in F.A. No. 165 of 2018 in connection with defects pointed-out by the Office regarding filing of certified copy.
8. Since the F.A. No. 165 of 2018 falls in the roster of this Bench, post FA No. 165 of 2018 on 18.02.2025 under appropriate heading.
(Anubha Rawat Choudhary, J.) Kunal