2025:JHHC:30233-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.769 of 2025 ------ 1. Binita Prasad aged about 60 years 2. Neeta Prasad aged about 64 years 3. Reeta Prasad aged about 62 years Nos.1 to 3 are daughters of Late Bhaiya Ramesh Chandra Prasad 4. Nawnish Chandra Prasad aged about 58 years son of Late Bhaiya Ramesh Chandra Prasad 5. Bhaiya Subhash Chandra Prasad aged about 85 years son of Late Bhaiya Shyama Mohan Prasad All are residents of Mohall Pethia Tand, Bodom Bazar, P.O. and P.S. Sadar, District Hazaribag (Jharkhand). …. …. Petitioners/Appellants/Petitioners Versus 1. State of Jharkhand 2. Divisional Commissioner, Hazaribag, P.O. and P.S. Sadar, District Hazaribag. 3. Deputy Commissioner, Hazaribag, P.O. and P.S. Sadar, District Hazaribag. 4. Khas Mahal Officer, Hazaribag, P.O. and P.S. Sadar, District Hazaribag. ..... .... Respondent/Respondents/Opposite Parties CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI ------ For the Petitioners : Mr. Amar Kr. Sinha, Advocate For the State : Mr. Ashok Kumar Yadav, Sr. S.C.-I ------ 08/Dated: 26.09.2025 1. Learned counsel for the petitioners, at the outset, has sought for leave of this Court to make necessary correction in the reference of subject at first page of the interlocutory application being I.A. No.10181 of 2025, wherein, due to typographical error it has been mentioned in the reference of subject, i.e., “I.A. to ignore the defect” but actually the application has been filed to condone the delay. 2. Let necessary correction be carried out in course of the day, which is to be carried out by the learned counsel for the 2025:JHHC:30233-DB 2 petitioners. 3. Mr. Ashok Kumar Yadav, learned Sr. S.C.-I has sought for leave to accept the copy of the response which is to be filed in pursuant to the order dated 08.09.2025. 4. The copy of the same has already been supplied to the learned counsel for the petitioners. I.A. No.10181 of 2025 5. Although, the objection has been filed but the learned counsel appearing for the State in all fairness has submitted that the delay may be condoned so that the matter may be heard on merit. 6. But, this Court, taking into consideration the reason assigned in the instant interlocutory application filed for condonation of delay of 165 days along with supplementary affidavit, is of the view that liberal approach is to be taken so as to heard the matter on merit, otherwise, the petitioners will suffer irreparable loss and injury and the issue which is the subject matter of the appeal being L.P.A. No.598 of 2023, will remain unadjudicated. 7. Considering the same, the delay of 165 days in filing the instant civil misc. petition, is hereby, condoned. 8. Accordingly, I.A. No.10181 of 2025 is allowed. C.M.P. No.769 of 2025 9. The instant civil misc. petition has been filed for restoration of L.P.A. No.598 of 2023, which has been dismissed for default on 06.05.2024 for non-compliance of the order dated 22.04.2024. 10. Learned counsel for the petitioners has submitted that the 2025:JHHC:30233-DB 3 appeal being L.P.A. No.598 of 2023, which has been dismissed for default on 06.05.2024 for non-compliance of the order dated 22.04.2024, may be restored to its original file otherwise the petitioners may suffer irreparable loss and injury. 11. Learned counsel for the Opp. Party-State has raised no objection, rather, he has fairly submitted that aforesaid appeal may be restored to its original file so that the matter may be heard and decided on merit. 12. This Court, after having heard the learned counsel for the parties and considering the arguments advanced on their behalf as also the reason assigned in the instant civil misc. petition, deems it fit and proper to restore L.P.A. No.598 of 2023, which has been dismissed for default on 06.05.2024 for non-compliance of the order dated 22.04.2024, to its original file. 13. In view thereof, L.P.A. No.598 of 2023, is restored to its original file, subject to removal of defect within one week after Puja Holidays. 14. Accordingly, the instant Civil Miscellaneous Petition stands disposed of. (Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) 26.09.2025 Rohit/-