Disposed¶31

The State of Jharkhand v. Mr Man Mohan Prasad

Jharkhand HC7 Mar 2024C.M.P./377/2022

Case brief

AI extract

What is this about?

Restoration of L.P.A. No. 144 of 2020 dismissed for default on 19.04.2022 for non-compliance of peremptory order dated 29.03.2022; condonation of 40-day filing delay via I.A. No. 2211 of 2024; State of Jharkhand and Personnel Department officials v. Man Mohan Prasad; C.M.P. No. 377 of 2022 disposed; L.P.A. restored subject to removal of surviving defects.

What did the court decide?

Delay of 40 days in filing the Civil Miscellaneous Petition condoned (I.A. No. 2211 of 2024 allowed); L.P.A. No. 144 of 2020 restored to its original file, subject to removal of surviving defects. ¶31

The State of Jharkhand Vs Mr Man Mohan Prasad — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 377 of 2022

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The State of Jharkhand

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The Principal Secretary, Personnel, Administrative Reforms and Rajbasha Department, Govt. of Jharkhand of Jharkhand, Dhurwa, Ranchi

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The Secretary, Personnel, Administrative Reforms and Rajbasha Department, Govt. of Jharkhand of Jharkhand, Dhurwa, Ranchi

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The Deputy Secretary, Personnel, Administrative Reforms and Rajbasha Department, Govt. of Jharkhand of Jharkhand, Dhurwa, Ranchi

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Deputy Commissioner, Hazaribagh

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… …. Petitioners

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Versus

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Mr. Man Mohan Prasad … … Opp. Party

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CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI

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For the Appellants : Mr. Shared Kaushal, AC to AAG - III For the Respondent :

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Order No. 03 / Dated 07^th March, 2024

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I.A. No. 2211 of 2024

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The instant interlocutory application has been filed for condoning the delay of 40 days in filing the instant Civil Miscellaneous Petition.

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This Court has taken into consideration the reasons assigned in the instant interlocutory application; the delay of 40 days is condoned in filing the instant application.

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Accordingly, the instant interlocutory application is allowed and disposed of.

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C.M.P. No. 377 of 2022

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The instant application has been filed for

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restoration of L.P.A. No. 144 of 2020, which was

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dismissed for default on 19.04.2022 for non-compliance of the peremptory order dated 29.03.2022.

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Learned counsel for the petitioner has submitted that the letters patent appeal being L.P.A. No. 144 of 2020, which was dismissed for non-compliance of the order dated 29.03.2022, may be restored to its original file otherwise the petitioners will suffer irreparable loss and injury.

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This Court, after having heard the learned counsel for the petitioner, considering the submission advanced on their behalf and the reason assigned in the instant Civil Miscellaneous petition, deems it fit and proper to restore L.P.A. No. 144 of 2020, which was dismissed for noncompliance of the order dated 29.03.2022, to its original file.

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In view thereof, L.P.A. No. 144 of 2020 is restored to

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its original file, subject to removal of surviving defects.

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Accordingly, the instant Civil Miscellaneous Petition stands disposed of.

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(Sujit Narayan Prasad, J.)

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(Arun Kumar Rai, J.)

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Umesh/