Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 5521 (JHR)

VISHESHWAR PRASAD v. THE STATE OF JHARKHAND

C.M.P./181/2025 · 2025-02-21

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 181 of 2025 ------ 1. Visheshwar Prasad, son of Jamuna Prasad, aged about 58 years, resident of House No. 14 near Durga Mandir, Old Raja Garha, Dhanbad, P.O., P.S. and District –Dhanbad. 2. Salauddin Sahabaz, aged about 41 years, son of Meer Yusuf, resident of Chatai Kulhi near Kids Garden School, PO+PS – Jharia, District –Dhanbad. 3. Amit Sao, aged about 32 years, son of Ashok Sao, resident of 380, near Rohit Book Centre, Raja Talaw, Jharia, P.O.+P.S. – Jharia, District –Dhanbad. 4. Rabindra Sharma, aged 50 years, son of Rambriksh Sharma, resident of Raja Tawal, Jharia, P.O.+P.S. –Jharia, District – Dhanbad. 5. Vijay Sao, aged about 42 years, son of Mahendra Sao, resident of Raja Tawal, Jharia, P.O.+P.S. –Jharia, District – Dhanbad. 6. Ajay Kumar Sharma, aged about 33 years, son of Uma Shankar Sharma, resident of near Sharma Book Centre, Raja Talaw, Main Road, P.O.+P.S. –Jharia, District –Dhanbad. .... .... …. Petitioners Versus 1. The State of Jharkhand 2. Deputy Commissioner, Dhanbad, P.O.+P.S.+District – Dhanbad. 3. Circle Officer, Jharia, P.O.+P.S. –Jharia, District –Dhanbad. .... .... .... Opp. Parties ------ CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner s : Mr. Nilesh Kumar, Advocate For the Respondents : Mr. Mithilesh Singh, G.A.-IV ------ Order No.02 Dated- 21.02.2025 Heard the parties. This civil miscellaneous petition has been filed at the instance of the petitioners for restoration of W.P. (C) No. 3634 of 2018 to its original file. Learned counsel for the petitioners submits that W.P. (C) No. 3634 of 2018 was dismissed for default. It is next submitted that due to inadvertence and mistake on the part of the office clerk of the learned counsel for the petitioners, no one could appear before this Court when the case was called out and the same resulted in dismissal of W.P. (C) No. 3634 of 2018. It is further submitted that the non-appearance of the counsel for the petitioners was neither intentional nor deliberate. It is next submitted that the petitioners have very good grounds to agitate in W.P. (C) No. 3634 of 2018 and unless W.P. (C) No. 3634 of 2018 is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the W.P. (C) No. 3634 of 2018 be restored to its original file. Considering the aforesaid submission of the learned counsel for the petitioners and the facts and circumstances of this case, W.P. (C) No. 3634 of 2018 is restored to its original file to the stage at which, it was before its dismissal. List W.P. (C) No. 3634 of 2018 under the appropriate heading before the appropriate Bench after a week. (Anil Kumar Choudhary, J.) Sonu/Gunjan-