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2025 DAILYLAW 35908 (JHR)

M/S JHARKHAND EDUCATION DEVELOPMENT TRUST THROUGH ITS DIRECTOR NAMELY MD RAFIQUE v. THE STATE OF JHARKHAND THROUGH THE SECRETARY DEPTT OF URBAN DEVELOPMENT AND HOUSING

C.M.P./21/2024 · 2025-12-12

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI CMP no. 21 of 2024 M/s Jharkhand Education Development Trust, having its office at Bara Imam Bara Road, Sultan Nagar, P.O. & P.S.- Chas, District- Bokaro, through its Director namely Md. Rafique, Aged about 47 years, Son of Karim Mohammad, R/o Plot No. 409, Bada Imam Bada Road, Sultan Nagar, P.O. & P.S.- Chas, District- Bokaro, Jharkhand-827013 … Appellant/ Petitioner Versus 1. The State of Jharkhand through the Secretary, Department of Urban Development and Housing, Government of India having its office at Project Bhawan, P.O. & P.S. Dhurwa & District- Ranchi, Jharkhand. 2. The Director (AMRUT), State Urban Development Agency, Jharkhand having its office at 4th Floor, Project Building, P.O. & P.S. Dhurwa, District Ranchi 834004 3. The Deputy Commissioner Bokaro, having its office at P.O. & P.S. Bokaro, District- Bokaro, Jharkhand. 4. The Sub-Divisional Officer, Bokaro, having its office at P.O. & P.S. Bokaro, District- Bokaro, Jharkhand. 5. The Municipal Commissioner, Chas Municipal Corporation, P.O. & P.S. Chas, District- Bokaro, Jharkhand. 6. The Assistant Municipal Commissioner, Chas Municipal Corporation, P.O. & P.S.- Chas, District-Bokaro, Jharkhand. … Respondents/ Opp. parties Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioners : Ms. Sweta Kumari ,Adv. For the O.Ps. : Mr. Anup Kr. Agrawal, Adv. Mr. Deepankar, AC to GA III 04 / 12.12.2025 Heard the parties. This civil miscellaneous petition has been filed at the instance of the petitioners for restoration of W.P. (C ) No. 5290 of 2023 to its original file. Learned counsel for the petitioner submits that the W.P. (C ) No. 5290 of 2023 was dismissed for non-compliance of the order dated 28.11.2023 for removing the defect within peremptory period. Learned counsel for the petitioners submits that due to inadvertence, the said order dated 28.11.2023 could not be complied with in time and the same resulted in dismissal of W.P. (C) No. 5290 of 2023. It is further submitted that the petitioner has very good grounds to agitate in this case and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the W.P. (C) No. 5290 of 2023 be restored to its original file. Learned counsel for the opposite party no. 5 and 6 submits that the opposite parties have been harassed by the petitioners by delaying the matter, hence, the opposite party be compensated adequately in terms of cost. Considering the aforesaid submission of the learned counsel for the petitioners, W.P. (C ) No. 5290 of 2023 is directed to be restored to its original file subject to payment of cost of Rs. 5,000/- by the petitioner to the opposite party nos. 5 and 6 through their counsel appearing in the record within two weeks, failing which, this conditional order shall not be given effect to and this civil miscellaneous petition shall remain dismissed without further reference to the Bench. In case, the petitioners file the proof of payment of Rs. 5,000/- to the opposite Party nos. 5 and 6 through learned counsel for the opposite Party nos. 5 and 6 appearing in the record, then W.P. (C ) No. 5290 of 2023 be restored to its original file and W.P. (C ) No. 5290 of 2023 be listed after a week of the said payment before the appropriate bench. This civil miscellaneous petition is disposed of accordingly. (ANIL KUMAR CHOUDHARY, J.) Dated 12.12.2025 Smita/-