2025:JHHC:29077 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P No. 19 of 2023 The State of Jharkhand through Krishna Kumar Lal, Son of Late. Dr. Nilambar lal Das resident of Jora Talab Bariyatu, P.O & P.S Bariyatu, District Ranchi presently posted as the Superintending Engineer (Road circle), road Construction department, Near Nagar Nigam, P.O Main Post Office, P.S Kotwali, District Ranchi. ... … Petitioner(s) Versus 1. Sagar Ram, S/o Birju Ram, resident of Village Post Viaman Hardayalpur, P.S. Shekhpura, District-Shekhpura was posted RCD Mechanical, P.O. + P.S. & District-Hazaribagh. 2. Kishan Nandan Ram, S/o Sadhu Ram, resident of Village Nathpura, P.O. Virupur, P.S. Barahiya, District-Lakhisarai, was posted RCD Mechanical, P.O. + P.S. & District-Hazaribagh. 3. Rajiv Kumar Sinha S/o Raj Kumar Sinha, resident of Village & P.O. Grihinda, P.S. Shekhpura, District-Shekhpura, was posted RCD Mechanical, P.O. + P.S. & District-Hazaribagh. 4. Sanjay Kumar Choudhary, S/o Sudhir Chandra Roy, resident of Village Pratappur, P.O. Jamua, P.S. Jamua, District Giridih was posted RCD Mechanical, P.O. + P.S. & District-Hazaribagh. 5. Varun Kumar, S/o Ajay Lal Mahato resident of Village Kulhi, P.O. Kuchu, P.S. Ormanjhi, District-Ranchi, was posted RCD Mechanical, P.O. + P.S. & District-Hazaribagh. 6. Anil Kumar Pandey S/o Ghanshyam Pandey, resident of Village + P.O. Kazibagh, P.s. Alamganj, District-Patna, was posted RCD Mechanical, P.O. + P.S. & District-Hazaribagh. 7. Ajay Kumar, S/o Late Ram Khelawan Kunwar, resident of Makhanpur, PO. Ranuchak, P.S. Nath Nagar, District-Bhagalpur, was posted RCD Mechanical, P.O. + P.S. & District-Hazaribagh. 8. Manoj Kumar, S/o Tarkeshwar Choudhary, resident of Village Bhudha Dental College, P.O. Lotia Nagar, P. S. Kankarbagh, District-Patna, was posted RCD Mechanical, P.O.+ P.S. & District-Hazaribagh. 9. Anand Kumar Jaipuria, S/o Surjeet Singh Jaipuria, resident of Village Chandrapura, P.O. & P.S. Chandrapura, District-Bokaro, was posted RCD Mechanical, P.O. + P.S. & District-Hazaribagh. 10. Pankaj Kumar, s/o Jeetu Sao, resident of Village Cherital, P.O. Guljar Bagh, P.S. Alamganj, District-Patna, was posted RCD Mechanical, P.O.+ P.S. & District-Hazaribagh. 11. Rajesh Kumar Sinha, S/o Raj Kumar Sinha resident of Village & P.O, Grihinda, P.S. Sheikppura, District-Sheikhpura, was posted RCD Mechanical, P.O. + P.S. & District-Hazaribagh. 2025:JHHC:29077 2 12. Vijay Ram. S/o Ramswarup Ram, resident of Village & P.O. Chandrapura, P.S. Chandrapura, District-Bokaro, was posted RCD Mechanical, P.O. + P.S. & District-Hazaribagh. 13. Pintu Singh, S/o Yogendra Prasad Singh, resident of Village and P.O Langarpur, P.S.Barh, District-Patna, was posted RCD Mechanical, P.O. +P.S. & District-Hazaribagh. … … Opposite Party(s) 14. The Secretary, Road Construction Department, Office at Project Bhawan, P.O. & P.S. Dhurwa, District-Ranchi. 15. The Executive Engineer, Road Construction Department, the then Mechanical Division, Hazaribagh now abolished vide RCD letter no. 8842 (S) WE Dt. 13.12.16 and staff attached to Road Circle Ranchi, P.O. & P.S. Ranchi. … … Performa Opposite Party(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Ashwini Bhushan, AC to Sr. SC-III For the Opposite Party(s) : -------- Order No. 6 /Dated: 19th September 2025 The instant Civil Miscellaneous Petition has been filed by the petitioner to modify the order dated 20.10.2022 passed in C.M.P No. 789 of 2019 to the extent that it has been directed to the petitioner to deposit the amount of Rs.10,000/- in JHALSA within a period of two weeks and further to extend the time till 07.11.2022 so that C.M.P No. 455 of 2011 could be restored to its original file. 2. Learned counsel or the petitioner submits that in the second last paragraph of the order dated 20.10.2022 passed in C.M.P No. 789 of 2019 the petitioner was directed to pay Rs. 10,000/- in JHALSA within a period of two weeks but since due to festival season the same was paid after the stipulated period as such the second last paragraph may be modified accordingly. 3. Having regard to the aforesaid submission, this Court feels that modifying the order dated 20.10.2022 passed in C.M.P No. 789 of 2019 by extending two more weeks to deposit the amount of Rs. 10,000/- will not adversely affect the opposite parties. As such, without issuing 2025:JHHC:29077 3 notice to the opposite party the instant case is being disposed of. 4. Accordingly, the second last paragraph of the order dated 20.10.2022 passed in C.M.P No. 789 of 2019 shall now be read as under: “I have considered the submission of learned counsel for the petitioner. The instant case is another example of lack of due diligence in prosecuting the matters of the State. It appears that due to lack of communication on the part of erstwhile State counsel, diligence steps could not be taken for filing the present restoration petition immediately after the dismissal of CMP No. 455 of 2011 on 9th December, 2016. However, on consideration of overall explanation submitted by the petitioner-State, I am inclined to restore C.M.P No. 455 of 2011 to its original file, however, subject to payment of cost of Rs. 10,000/- in JHALSA within a period of “four weeks”. The order of restoration shall become operative only on filing of receipt of the deposit of cost within the same time in the Registry.” 5. With the aforesaid modification in the order dated 20.10.2022 passed in C.M.P No. 789 of 2019 that the payment of Rs. 10,000/- shall be made within a period of four weeks, the instant C.M.P is disposed of. 6. It goes without saying that since the payment has already been made within the aforesaid extended period of four weeks, C.M.P No. 455 of 2011 is restored to its original file. (Deepak Roshan, J.) 19.09.2025 Amit