SULTAN MIAN v. THE COMMISSIONER SANTHAL PARGANA DIVISION
C.M.P./196/2025 · 2026-07-03
Anil Kumar Choudhary
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18876 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18876 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:JHHC:19545] IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No.196 of 2025
------ Sultan Mian, aged about 81 years, Son of Late Kadir Mian, resident of Village- Kendua, P.O- Chainpur, P.S.- Narayanpur, District- Jamtara
… Petitioner
Versus
1. The Commissioner, Santhal Pargana Division, At + P.O. + P.S.- Dumka, District- Dumka, Jharkhand.
2. The Deputy Commissioner, Dumka, P.O. + P.S.- Dumka, District- Dumka
3. The Sub-Divisional Officer, Jamtara, P.O. + P.S. and District- Jamtara
4. Islam Mian, Son of Mumtaz Mian, resident of Village- Kendua, P.O.- Chainpur, P.S.- Narayanpur, District- Jamtara.
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Aishwarya Prakash, Advocate For the State
: Mr. Munna Lal Yadav, SC (L&C) III For the O.P. No.4 : None
------
Order No:-04 Dated:-03-07-2026
Heard the parties.
Though notice has validly been served upon the opposite party No.4 yet no one turns up on behalf of the opposite party No.4 in spite of repeated calls.
This civil miscellaneous petition has been filed by the petitioner with the prayer for restoration of W.P. (C) No.5893 of 2018 to its original file which stood dismissed for non-compliance of the peremptory order dated 13.06.2024 passed by this Court.
It is submitted by the learned counsel for the petitioner that W.P. (C) No.5893 of 2018 stood dismissed for non-compliance of the peremptory order dated 13.06.2024 passed by this Court to file the proof of deposit of Rs.1,000/- with the Jharkhand State Legal Services Authority (JHALSA). It is next
submitted that due to the counsel for the petitioner being out of station, the said amount could not be deposited within the stipulated time which resulted in dismissal of the said W.P. (C) No.5893 of 2018 for non-compliance of the said peremptory order dated 13.06.2024 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 13.06.2024 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.5893 of 2018 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that W.P. (C) No.5893 of 2018 be restored to its original file.
Learned counsel appearing for the State has not raised any objection.
Considering the aforesaid submission of the learned counsel for the petitioner, W.P. (C) No.5893 of 2018 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.5893 of 2018 before the concerned Bench after a week.
This civil miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Dated-03.07.2026-Animesh/