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2025 DAILYLAW 41210 (JHR)

UDAY BHAGAT v. THE STATE OF JHARKHAND THROUGH THE DEPUTY COMMISSIONER, RANCHI

C.M.P./210/2025 · 2025-12-03

Sujit Narayan Prasad

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:36204 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 210 of 2025 ---- Uday Bhagat & Ors … … Petitioners Versus The State of Jharkhand & Ors. … … Respondents ------- CORAM :HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD ------ For the Petitioners : Mr. Alok Lal, Advocate For the State : Mr. Gaurang Jajodia, AC to GP II For Res. N. 4 to 6 : Mr. P.A.N. Roy, Advocate -------- Order No. 06 : Dated 3rd December, 2025 1. The present application has been filed for restoration of W.P.(C) No. 3358 of 2007 to its restoration file which was dismissed for non-prosecution in terms of order dated 29.09.2023. 2. When he matter was taken up on 12.11.2025, learned counsel for the respondent no. 4, 5 and 6 had submitted that respondent no. 3, as per instruction, has died and sought for time to file affidavit to that effect. Therefore, the matter was adjourned to be listed on 03.12.2025. 3. Today, when the matter has been taken up, learned counsel for the respondent no. 4, 5 and 6 has submitted that affidavit could not be filed since the deponent did not come to Court. But, he did not oppose for restoration of the writ petition so that the matter be heard on merit. However, he has submitted that the since the issue which has been raised regarding the issue of death of respondent no. 3 if found to be correct, the need would be to file substitution application after the writ petition would be restored. 4. This Court, considering the aforesaid submission, is hereby allowing the present restoration application by restoring the writ petition being W.P.(C) No. 3358 of 2007 to its restoration file. 2025:JHHC:36204 5. Needless to say if one or the other respondent(s) has died it is incumbent upon the parties to bring the aforesaid fact to the court concerned for the purpose of taking steps for substitution of the said respondent(s). 6. Accordingly, the instant application stands disposed of. (Sujit Narayan Prasad, J.) 3rd December, 2025 Alankar/