Allowed¶29

Motilal Bedia v. Deputy Commissioner Hazaribagh ( Now Ramgarh )

Jharkhand HC11 Mar 2025C.M.P./893/2024

Case brief

AI extract

What is this about?

Keywords: restoration of dismissed first appeal; dismissal for default; death of appellant during pendency; non-substitution of legal heirs; condonation of delay of 730 days; covid-19 period dismissal; defect in party position ignored; land acquisition proceeding; Deputy Commissioner Hazaribagh (now Ramgarh); Deputy Chief Engineers (Const.) East Central Railway; Jharkhand High Court; C.M.P.; I.A. allowed; appeal posted 19.03.2025.

What did the court decide?

Both interlocutory applications allowed: I.A. No. 13419 of 2024 (defect in party position ignored) and I.A. No. 9585 of 2024 (condonation of delay of 730 days); First Appeal No. 153 of 2018 restored to its original file and directed to be posted on 19.03.2025. ¶29

Motilal Bedia Vs Deputy Commissioner Hazaribagh ( Now Ramgarh ) — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶29

Issue for consideration

Whether the defect in the party position of the C.M.P. — the deceased original appellant Sodhna Bedia not having been made a petitioner — should be ignored and I.A. No. 13419 of 2024 allowed. +2 more

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Court's answer

The defect in the party position of the C.M.P. (Sodhna Bedia, the deceased appellant No. 1, not having been made a petitioner) is ignored, and I.A. No. 13419 of 2024 is allowed.

¶20

Ratio / Principle

The delay of 730 days in filing the restoration petition is condoned; I.A. No. 9585 of 2024 is allowed, the court being satisfied with the cause shown.

¶25

Key takeaways

First Appeal No. 153 of 2018 is restored to its original file, the court being satisfied with the cause shown in the petition for restoration.ratio¶29
As the first appeal lies on the roster of this bench, the restored First Appeal No. 153 of 2018 is directed to be posted on 19.03.2025.ratio¶30

Detailed headnote1 paragraphs

C.M.P. No. 893 of 2024 (with I.A. Nos. 13419 and 9585 of 2024), High Court of Jharkhand at Ranchi, decided 11.03.2025 by Anubha Rawat Choudhary, J.: The court restored First Appeal No. 153 of 2018, which had stood dismissed on 04.07.2022 on account of noncompliance of the order dated 09.12.2020 within the pre-emptory time. Appellant No. 1, Sodhna Bedia, had died on 06.03.2020 during the pendency of the appeal; no substitution of his legal heirs was effected and the appeal was dismissed for default during the covid-19 period. His legal heirs Motilal Bedia and Arjun Bedia filed the C.M.P. for restoration with a delay of 730 days. The court ignored the defect that Sodhna Bedia had not been made a petitioner in the C.M.P., condoned the delay (the respondents raising no serious objection and filing no counter affidavit), restored the appeal to its original file, and, as the appeal lay on the roster of the presiding judge's bench, directed that it be posted on 19.03.2025. The matter arises out of a land acquisition proceeding involving the Deputy Commissioner, Hazaribagh (now Ramgarh) and the Deputy Chief Engineers (Const.), East Central Railway.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

C.M.P. No. 893 of 2024

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Motilal Bedia, aged about 56 years, Son of Late Sodhna Bedia.

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Arjun Bedia, aged about 58 years, grandson of Late Jagu Bedia, Resident of Village- Kadru, P.S.- Patratu, P.O. Barkakana, District. Ramgarh.

¶5

… … Appellants/Petitioners

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Versus

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Deputy Commissioner, Hazaribagh (now Ramgarh) P.O. & P.S. Ramgarh, District- Ramgarh.

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The Deputy Chief Engineers (Const.) East Central Railway, P.O.Barkakhana, P.S. Patratu, District Ramgarh.

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… … Respondents/Opposite parties

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioners : Mr. Mitul Kumar, Advocate For the U.O.I (Railway) : Ms. Niki Sinha, CGC

¶14

¶15

05 /11.03.2025

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I.A. No. 13419 of 2024

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1. Learned counsel for the appellants submits that this interlocutory application has been filed for restoration of first appeal No. 153 of 2018 . He submits that the appellant No. 1 namely Sodhna Bedia died on 06.03.2020 but no substitution was carried out in the first appeal and the first appeal was dismissed for default.

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2. He submits that the legal heirs of Sodhna Bedia namely Motilal Bedia has filed the present C.M.P. along with Arjun Bedia showing the name of his father as Late Sodhna Bedia. He submits that the defect in connection with name of the appellant be ignored. Office has pointed out that Sodhna Bedia has not been made petitioner in this case.

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3. Learned counsel for the respondent has no serious objection to the prayer.

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4. Considering the aforesaid submissions, the defect in connection with aforesaid party position in C.M.P. is ignored and Interlocutory application being I.A. No. 13419 of 2024 is allowed.

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I.A. No. 9585 of 2024

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5. Learned counsel for the appellants has submitted that this petition has been filed for condonation of delay of 730 days. He submits that the appellant No. 1 in first appeal namely Sodhna Bedia died on 06.03.2020 and the case was dismissed for default during the covid-19 period.

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6. Learned counsel for the respondents have no serious objection to the prayer for condonation of delay. No counter affidavit as such has been filed seeking condonation of delay.

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7. The case arises out of land acquisition proceeding. Considering the averments made in the interlocutory application seeking condonation of delay and being satisfied with the cause shown, I.A. No. 9585 of 2024 is allowed.

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C.M.P. No. 893 of 2024

¶27

8. This C.M.P. has been filed for restoration of First Appeal No. 153 of 2018 which stood dismissed on 04.07.2022 on account of noncompliance of order dated 09.12.2020 within the preemptory time. The learned counsel has submitted that the appellant No. 1 in the first appeal has expired during the pendency of the first appeal. He has also submitted that similar matter as involved in the first appeal are coming on 24^th March, 2025.

¶28

9. The learned counsel for the respondents has no serious objection so far as the restoration of first appeal is concerned.

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10. Considering the averments made in the petition for restoration and being satisfied with the cause shown, the First Appeal No. 153 of 2018 is restored to its original file.

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11. Since the first appeal is of the roster of this bench, Post the First Appeal No. 153 of 2018 on 19.03.2025.

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(Anubha Rawat Choudhary, J.)

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Rakesh/-

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Motilal Bedia v. Deputy Commissioner Hazaribagh ( Now Ramgarh )

Case brief

What is this about?

What did the court decide?

Motilal Bedia v. Deputy Commissioner Hazaribagh ( Now Ramgarh )

Case brief

What is this about?

What did the court decide?

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What the court decided

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