Allowed

Ghanshyam Rawani and Ors. v. the State of Jharkhand Represented Thr the Pr Secretary Water Resources Deptt And Ors.

Jharkhand HC9 Mar 2018C.M.P./480/2017

Case brief

AI extract

What is this about?

C.M.P filed for restoration of a writ application previously dismissed for non-compliance. Court allowed restoration conditionally upon payment of exemplary costs and strict compliance with substantive order.

What did the court decide?

Writ application restored to original file subject to deposit of Rs.25,000 as cost and compliance of substantive order within 10 days.

Ghanshyam Rawani and Ors. Vs the State of… — Writ and Judicial Review | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P No. 480 of 2017

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Ghanshyam Rawani & Ors. ..... … Petitioners Versus The State of Jharkhand & Ors. .…. … Opposite Parties -------- CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Niranjan Singh, Advocate For the State : A.P.P. --------

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4/ 9.03.2018 Heard learned counsel for the petitioners and learned counsel for the State.

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The present C.M.P has been filed for restoration of W.P (S) No. 4143 of 2015 to its original file, which was dismissed for non-compliance of the order dated 19.9.2016 passed therein, whereby notice was directed to be issued to the respondent No.4 in the admission matter.

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As the said writ application stood dismissed for non-compliance of the order dated 19.9.2016, another C.M.P No.476 of 2016 was filed by the petitioners for restoration of the said writ application to its original file, which was allowed by order dated 9.12.2016, in view of the submission by the learned counsel for the petitioners that inadvertently, the notice could not be filed within time, and undertaking that the process for the notice shall be filed within a week of the restoration of the writ petition. Accordingly, the said C.M.P No.476 of 2016 was allowed by order dated 9.12.2016, restoring W.P (S) No.4143 of 2015 to its original file, subject to the condition that the order dated 19.9.2016 passed in W.P (S) No.4143 of 2015 shall be complied with within a period of one week, failing which, the writ application was to stand rejected without further reference to the Bench.

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Even as the said order was not complied with by the petitioners and as the writ application remained dismissed, the present C.M.P has been filed, with yet another prayer to restore of the said writ application to its original file. Learned counsel only gives lame excuses, for non-compliance of

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both the aforesaid orders dated 19.9.2016 passed in W.P (S) No. 4143 of 2015 as well as dated 9.12.2016 passed in C.M.P No.476 of 2016, submitting that the orders could not be complied with due to inadvertence.

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Normally, such lame excuses of the learned counsel for the petitioners could not be entertained and there is no occasion for restoring the said writ application to its original file, but taking into consideration the fact that there are large number of writ petitioners in the writ application, who shall be adversely affected, this Court takes a lenient view in the matter, but the writ application cannot be restored without imposition of an exemplary cost. In view of the fact that lame excuses are being given for non-compliance of the aforesaid two orders passed by this Court, it is directed that W.P (S) No.4143 of 2015, shall be restored to its original file only upon the deposit of the cost of Rs.25,000/- and compliance of the order dated 19.9.2016 passed in W.P (S) No.4143 of 2015 within a further period of ten days from today, failing which, the writ application shall remain dismissed without further reference to the Bench.

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This C.M.P stands allowed with the directions as aforesaid.

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( H. C. Mishra, J.)

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DS-BS/

Ghanshyam Rawani and Ors. v. the State of Jharkhand Represented Thr the Pr Secretary Water Resources Deptt And Ors.

Case brief

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Ghanshyam Rawani and Ors. v. the State of Jharkhand Represented Thr the Pr Secretary Water Resources Deptt And Ors.

Case brief

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