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Deo Narayan Mehta Alias Chhotan Mehta v. the State of Jharkhand Represented through the Commissioner

Jharkhand HC13 Aug 2025C.M.P./133/2024

Case brief

AI extract

What is this about?

Restoration of writ petition dismissed for default; W.P.(C) No.4463 of 2017; C.M.P. No.133 of 2024; peremptory order dated 02.05.2019; dismissal dated 09.05.2019; counsel failed to mark the list; came to know on 22.06.2019; no deliberate fault or laches; inadvertence; opposite parties did not oppose; writ petition restored to original file; CMP disposed of; list before appropriate Bench; High Court of Jharkhand at Ranchi; Sujit Narayan Prasad, J.; Order No. 02 dated 13th August, 2025; 2025:JHHC:23676.

What did the court decide?

Restoration of writ petition W.P.(C) No.4463 of 2017 to its original file; the Civil Miscellaneous Petition stands disposed of, with direction to list before the appropriate Bench. ¶32

Deo Narayan Mehta Alias Chhotan Mehta Vs the State of Jharkhand Represented through the Commissioner — Jharkhand HC (2025) — LawSathi Research

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2025:JHHC:23676

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.133 of 2024

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Deo Narayan Mehta @ Chhotan Mehta, aged about 37 years, son of Late Deo Lal Mahto @ Lattu Mahto, Resident of Village-Lupung, P.O. Arandhir, P.S. Katkamsandi, District-Hazaribag.

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… … Petitioner

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Versus

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The State of Jharkhand represented through the Commissioner, North Chhotanagpur Division, Hazaribag, P.O. + P.S.-Hazaribag, District-Hazaribag, Jharkhand.

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The Commissioner, North Chhotanagpur Division, Hazaribag, P.O. + P.S. – Hazaribag, District-Hazaribag, Jharkhand.

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The Deputy Commissioner, Hazaribag, having its office at Collectoriate Building, Hazaribag, P.O. + P.S. Hazaribag, District – Hazaribag, Jharkhand.

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The Conservator of Forest, Hazaribag, P.O. + P.S.Hazaribag, District-Hazaribag, Jharkhand.

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The Divisional Forest Officer, Hazaribag, P.O. + P.S.Hazaribag, District-Hazaribag, Jharkhand.

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… … Opp. Parties

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CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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------For the Petitioner : Mr. Ranjit Kumar Tiwari, Advocate For the Opp. Parties : Mr. Rituraj, AC to SC-VI Ms. Deepika Jojowar, AC to SC-VI

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Order No. 02 / Dated 13^th August, 2025

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1. The instant Civil Miscellaneous Petition has been filed for restoration of writ petition being W.P.(C) No.4463 of 2017 which stood dismissed for default on 09.05.2019 due to non-compliance of the peremptory order dated 02.05.2019.

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2. The reason assigned in the instant petition is that on 02.05.2019, the learned counsel for the petitioner failed to mark the list, as such, could not appear in the Court

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2025:JHHC:23676

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and peremptory order was passed to remove the defects. Thereafter, on 22.06.2019, the learned counsel for the petitioner came to know from the clerk that the peremptory order has been passed on 02.05.2019 to remove the defect but by that time the peremptory time granted to remove the defect had expired, which resulted into dismissal of the writ petition for default due to non-compliance of the peremptory order dated 02.05.2019.

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3. It has further been stated that there was no deliberate fault or laches on the part of the counsel or on the part of the petitioner and it was due to inadvertence, the defects could not have been removed.

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4. It has been submitted that the instant Civil Miscellaneous Petition has been filed for restoration of writ petition being W.P.(C) No.4463 of 2017 which stood dismissed for default on 09.05.2019 due to non-compliance of the peremptory order dated 02.05.2019 and if the same will not be restored, the petitioner will suffer irreparable loss and injury.

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5. Learned counsel for the opposite parties has not opposed to such submission of the learned counsel for the petitioner.

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6. This Court, after having heard the learned counsel for the parties, considering the submissions advanced by him and the reason assigned in the instant Civil

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2025:JHHC:23676

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Miscellaneous Petition, deems it fit and proper to restore the writ petition being W.P.(C) No.4463 of 2017 which stood dismissed for default on 09.05.2019 due to noncompliance of the peremptory order dated 02.05.2019, to its original file.

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7. In view thereof, the writ petition being W.P.(C)

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No.4463 of 2017 is restored to its original file.

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8. Accordingly, the instant Civil Miscellaneous Petition stands disposed of.

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9. List before appropriate Bench.

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(Sujit Narayan Prasad, J.)

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Saurabh/