Disposed¶26

Binod Bhushan Choudhary v. the State of Jharkhand

Jharkhand HC3 Oct 2024C.M.P./80/2024

Case brief

AI extract

What is this about?

Jharkhand HC; C.M.P. No.80 of 2024; Order No.05 dt. 03-10-2024; Anil Kumar Choudhary, J.; restoration of writ petition W.P.(C) No.3049 of 2017 dismissed for non-prosecution; counsel absent as petition not marked in cause list; non-appearance not deliberate; GA-V Jayant F. Toppo for State raised no objection; writ restored to original file at same stage; Registry to list after a week; Chatra/Kanhachatti; petitioners Binod Bhushan Choudhary, Pradeep Kumar Sinha, Rajan Kumar Lal, Rupesh Kumar Sinha.

What did the court decide?

Restoration of W.P.(C) No.3049 of 2017 to its original file at the same stage as before its dismissal, with the Registry directed to list it before the concerned Bench after a week. ¶26

Binod Bhushan Choudhary Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.80 of 2024

¶2

Binod Bhushan Choudhary, aged about 62 years, Son of Late Chandrika Prasad Sinha, Resident of Village- Hawag, P.O.- Peltol, P.S.- Rajpur, District- Chatra

¶3

Pradeep Kumar Sinha, aged about 53 years, Son of Late Chandrika Prasad Sinha, Resident of Village- Hawag, P.O.Peltol, P.S.- Rajpur, District- Chatra.

¶4

Rajan Kumar Lal, aged about 45 years, Son of Late Anil Kumar Sinha, Resident of Village- Hawag, P.O.- Peltol, P.S.Rajpur, District- Chatra.

¶5

Rupesh Kumar Sinha, aged about 36 years, Son of Late Anil Kumar Sinha, Resident of Village- Hawag, P.O.- Peltol, P.S.Rajpur, District- Chatra.

¶6

… Petitioners

¶7

Versus

¶8

The State of Jharkhand

¶9

The Deputy Commissioner, Chatra, P.O. + P.S. + DistrictChatra.

¶10

The Block Development Officer, Kanhachatti Block, P.O.Kanhachatti, P.S.- Rajpur, District- Chatra

¶11

The Circle Officer, Kanhachatti Block, P.O.- Kanhachatti, P.S.- Rajpur, District- Chatra

¶12

Nishant Prashar, Son of Sri Binot Bhushan Choudhary, Resident of Village- Hawag, P.O.- Pelto, P.S.- Rajpur, District- Chatra

¶13

Prashant Prashar, Son of Sri Binod Bhushan Choudhary, Resident of Village- Hawag, P.O.- Peltol, P.S.- Rajpur, District- Chatra

¶14

… Opposite Parties

¶15

------

¶16

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

¶17

------ For the Petitioners : Mr. Anand Kr. Sinha, Advocate Mr. Manoj Kr. Ram, Advocate For the State : Mr. Jayant F. Toppo, GA V

¶18

------

¶19

Order No:-05 Dated:-03-10-2024

¶20

Heard the parties.

¶21

This Civil Miscellaneous Petition has been filed by the petitioners with a prayer for restoration of W.P.(C) No.3049 of 2017 to its original file which stood dismissed for non-prosecution.

¶22

It is submitted by the learned counsel for the petitioners that on the day W.P.(C) No.3049 of 2017 was listed before this Bench; the learned counsel for the petitioners could not mark on this petition in the cause list because of which, the learned counsel for the petitioners could not turn up before the court when the case was called out; which resulted in dismissal of the said W.P.(C) No.3049 of 2017. It is next submitted that the nonappearance of the petitioner in court on the date fixed, was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said W.P.(C) No.3049 of 2017 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the W.P.(C) No.3049 of 2017 be restored to its original file.

¶23

Learned GA-V appearing for the State has not raised any serious objection.

¶24

Considering the aforesaid submission of the learned counsel for the petitioners, W.P.(C) No.3049 of 2017 is directed to be restored to its original file to the same stage at which it was before its dismissal.

¶25

Registry is directed to list W.P.(C) No.3049 of 2017 before the concerned Bench after a week.

¶26

This Civil Miscellaneous Petition is disposed of accordingly.

¶27

(Anil Kumar Choudhary, J . )

¶28

Saroj/

Binod Bhushan Choudhary v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Binod Bhushan Choudhary v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Swapan Mahato Vs the State of Jharkhand

Swapan Mahato Vs the State of Jharkhand

Rajendra Singh Vs Kanhaiya Sharma And Ors.

MD Taaz Vs the State of Jharkhand

Narayan Sahu Vs Linda Birsa Oraon

Badri Verma Alias Badri Mahto Vs the State of Jharkhand