Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 30561 (JHR)

THE PRINCIPAL, BHAGALPUR COLLEGE OF ENGINEERING, BHAGALPUR v. THE STATE OF JHARKHAND

C.M.P./139/2025 · 2025-08-08

Anil Kumar Choudhary

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:22731 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.139 of 2025 ------ The Principal, Bhagalpur College of Engineering, Bhagalpur, P.O. & P.S.-Bhagalpur, District-Bhagalpur (Bihar), Nirmal Kumar, Aged about 55 years, son of Late Suresh Kumar Sharma, Resident of at Present B.C. Bhagalpur Campus, P.O.-Sabaur, P.S.-Zero Mile, District-Bhagalpur (Bihar). Now Dr. Om Prakash Roy, aged about 62 years, son of Late Uma Kant Roy, Resident of BCE Campus, Bhagalpur, P.O.-Sabaur, P.S.-Zero Mile, District-Bhagalpur (Bihar). … Petitioner Versus 1. The State of Jharkhand 2. The State of Jharkhand through District Certificate Officer, Ranchi, P.O. & P.S.-Ranchi, District-Ranchi. 3. M/s Comptek International, 1st Floor, Subodh Granthmala Building through its proprietor, P.O.-G.P.O., P.S.-Kotwali, District-Ranchi (Jharkhand). … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mrs. Rashmi Kumar, Advocate For the State : Mr. Ashok Kr. Yadav, Sr. SC-I For the OP 3 : Ms. Sweta Kumari, Advocate ------ Order No:-03 Dated:-08-08-2025 Heard the parties. This civil miscellaneous petition has been filed by the petitioner with a prayer for restoration of W.P.(C) No.4159 of 2020 to its original file which stood dismissed for non-compliance of the peremptory order dated 16.05.2024 passed by this Court. It is submitted by the learned counsel for the petitioner that W.P.(C) No.4159 of 2020 stood dismissed for non-compliance of the peremptory order dated 16.05.2024 passed by this Court to remove the defects pointed out by the stamp reporter peremptorily within six weeks. It is next submitted that due inadvertence, the inspection slip could not be filed and the said defects could not be removed within the stipulated time; which resulted in dismissal of the said W.P.(C) No.4159 of 2020. It is next submitted that non-compliance of the said order dated 16.05.2024 within the stipulated time was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said W.P.(C) No.4159 of 2020 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the W.P.(C) No.4159 of 2020 be restored to its original file. Learned counsel appearing for the State has not raised any serious objection. Learned counsel for the opposite party No.3 vehemently opposes the prayer of the petitioner for restoration of the said W.P.(C) No.4159 of 2020 and submits that the opposite party No.3 will unnecessarily be harassed if the same is restored to its original file, hence, the opposite party No.3 be compensated adequately. Considering the aforesaid submission of the learned counsel for the petitioner, W.P.(C) No.4159 of 2020 is directed to be restored to its original file at the same stage at which it was before its dismissal subject to payment of cost of Rs.5,000/- by the petitioner to the opposite party No.3 through his counsel appearing in the record within two weeks from the date of this order. Registry is directed to list W.P.(C) No.4159 of 2020 before the concerned Bench after two weeks only if the petitioner files the proof of payment of the cost of Rs.5,000/- to the opposite party No.3 though his counsel appearing in the record within two weeks from the date of this order failing which this conditional order shall not be given effect to and W.P.(C) No.4159 of 2020 shall remain dismissed. This civil miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/