2026:JHHC:15276 -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI C. M. P. No. 42 of 2026 …. 1. Lobin Marandi, aged about 48 years, Son of Maya Marandi 2. Som Marandi age about 65 years, Son of Bhaya Marandi, Both are resident of Village & PO-Malpahari, PS- Malpahari, District- Pakur, Jharkhand …… Petitioners Versus 1. The State of Jharkhand 2. The Secretary, Department of Road Construction, Govt. of Jharkhand, Office at Project Building, PO-Dhurwa, PS- Dhurwa, Dist. -Ranchi 3. Deputy Commissioner, Pakur, PO & PS- Pakur, Dist.-Pakur 4. District Land Acquisition Officer, Pakur, PO & PS- Pakur, Dist.- Pakur 5. Executive Engineer, Road Construction Department, Pakur Division, Pakur, PO & PS- Pakur, Dist.- Pakur 6. Circle Officer, Malpahadi, PO & PS- Malpahadi, Dist.- Pakur …… Opp. Parties ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the petitioners : Md. Yasir Arafat, Advocate For the State : Mr. Achyut Keshav, AAG-V ….. 03/13.05.2026 Heard learned counsel for the petitioners and learned counsel for the State. 2. The instant C. M. P. No. 42 of 2026 has been filed on behalf of the petitioners for restoration of W. P. (C) No. 5633 of 2025, which was dismissed for default vide order dated 30.10.2025 passed by this Court. 3. It has been submitted by the learned counsel for the petitioners that he could not mark the list of the instant case and as such, when the case was called out, the Advocate on record could not appear and he also could not inform to any other lawyer to appear in this case and as such, W. P. (C) No. 5633 of 2025 was dismissed for default vide order dated 30.10.2025 passed by this Court. It is submitted that later on, 2026:JHHC:15276 -2- he came to know that W. P. (C) No. 5633 of 2025 was dismissed for default vide order dated 30.10.2025 passed by this Court. It is submitted that there is no fault on the part of the petitioners and the petitioners may not suffer due to laches on the part of their counsel. However, it is submitted by learned counsel for the petitioners that he will careful in future to argue the case on merit before the appropriate Bench and hence, C.M.P. No. 42 of 2026 may be allowed and W. P. (C) No. 5633 of 2025 may be restored to its original file. 4. Learned counsel for the opposite parties has opposed the prayer and has submitted that the learned counsel for petitioners deliberately did not appear and as such, W. P. (C) No. 5633 of 2025 was dismissed for default vide order dated 30.10.2025 passed by this Court. It is submitted that the counter affidavit has been filed on behalf of the state on 16.03.2026 and in para-7 of the said counter affidavit, it has been stated that land acquisition is in progress under Section 19 (1) of the CPC and the amount of Rs. 5,69,82,032/- has also been transferred to District Land Acquisition Officer, Pakur against his demand vide this Office Letter No. 408 dated 11.06.2025 vide Cheque No. 367044 dated 10.06.2025 and the calculation chart of Land Acquisition and Letter No. 408 dated 11.06.2025 have been enclosed as Annexure-A series to the counter affidavit. Thus, there is no merit in this CMP and hence, C.M.P. No. 42 of 2026 may be dismissed. 5. Having heard learned counsel for the parties and from going through the records, it appears that on 30.10.2025, when the case was called out, the learned counsel on record had not appeared and as such, W. P. (C) No. 5633 of 2025 was dismissed for default. Learned counsel for the petitioners has 2026:JHHC:15276 -3- submitted that he will argue the case on merit. 6. Having regard to the facts and circumstances of the case and in view of the submissions made above, the present C. M. P. No. 42 of 2026 is allowed and W. P. (C) No. 5633 of 2025 is restored to its original file. 7. Office is directed to place this case before the Appropriate Bench as per roster. (Sanjay Prasad, J.) Dated 13.05.2026 Kamlesh/