Sheikh Maneer Alias S K Maneer Vs the State of Jharkhand

1. The instant Civil Miscellaneous Petition has been filed for restoration of writ petition being W.P.(C) No.5233 of 2018 which stood dismissed on 20.09.2019 due to noncompliance of the peremptory order dated 13.09.2019.

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2. The reason assigned in the instant petition is that after passing of the order on 13.09.2019, the learned counsel for the petitioners removed all the defects by filing necessary documents but inadvertently fresh copy of Page Nos. 56 to 63 of the writ application could not have been filed under the belief that the same had already been filed, which resulted into dismissal of the writ petition due to non-compliance of the peremptory order dated 13.09.2019.

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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 petitioners and it was due to inadvertence, the fresh copy of page nos. 56 to 63 could not have been filed under the belief that the same had already been filed.

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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.5233 of 2018 which stood dismissed on 20.09.2019 due to non-compliance of the peremptory order dated 13.09.2019 and if the same will not be restored, the petitioners will suffer irreparable loss and injury.

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2025:JHHC:23655

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

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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 Miscellaneous Petition, deems it fit and proper to restore the writ petition being W.P.(C) No.5233 of 2018 which stood dismissed on 20.09.2019 due to non-compliance of the peremptory order dated 13.09.2019, to its original file.

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7. In view thereof, the writ petition being W.P.(C) No.5233 of 2018 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/

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