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2025 DAILYLAW 7970 (JHR)

SUNITA BHAGAT v. THE MANAGING DIRECTOR, JHARKHAND BIJLI VITRAN NIGAM LTD

C.M.P./254/2025 · 2025-05-09

Anil Kumar Choudhary

Writ Petition (Civil)body2025

Judgment text

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[2025:JHHC:14102] IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.254 of 2025 ------ Sunita Bhagat, W/o Late Alok Kumar Bhagat, aged 49 years, resident of- Jawahar Prem Road No. 1, Hariom Nagar, Adityapur, P.O. and P.S- Adityapur, District- Saraikela- Kharsawan. … Petitioner Versus 1. The Managing Director, Jharkhand Bijli Vitran Nigam Limited, Engineering Building, H.E.C., PO and PS- Dhurwa, District- Ranchi 2. The General Manager, Jharkhand Bijli Vitran Nigam Ltd, Singhbhum Electric Supply Area, PO and PS- Bistupur, Jamshedpur, District- East Singhbhum 3. The Deputy Director of Accounts, Jharkhand Bijli Bitran, having its Office at- Singhbhum Electric Supply Area, PO and PS- Bistupur, Jamshedpur, East Singhbhum. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Ms. Moushmi Chatterjee, Advocate Mr. Apurv, Advocate For the JBVNL : Mr. Sachin Kumar, AAG II Mrs. Sweta Shukla, AC to AAG II ------ Order No:-02 Dated:-09-05-2025 Heard the parties. This Civil Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of W.P.(C) No.1007 of 2017 to its original file which stood dismissed for non-prosecution vide order dated 15.02.2024. Learned counsel for the petitioner submits that W.P.(C) No.1007 of 2017 stood dismissed for non-prosecution vide order dated 15.02.2024. It is next submitted that W.P.(C) No.1007 of 2017 was listed before this Bench; but due to demise of the learned counsel for the petitioner in record and the petitioner having no knowledge about the death of the counsel, no one turned up on behalf of the petitioner in spite of repeated calls in W.P.(C) No.1007 of 2017; which resulted in dismissal for non-prosecution. It is next submitted that non- prosecution of the petitioner on 15.02.2024, before this Bench 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.1007 of 2017 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.1007 of 2017 be restored to its original file. Learned counsel appearing for the opposite parties has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner, W.P.(C) No.1007 of 2017 is directed to be restored to its original file at the same stage at which it was before its dismissal. Registry is directed to list W.P.(C) No.1007 of 2017 before the concerned Bench after a week. This Civil Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Saroj/