Jaldhar Munda Vs Deputy Commissioner Hazaribagh ( Now Ramgarh ) — Jharkhand HC (2025) — LawSathi Research

Jaldhar Munda Vs Deputy Commissioner Hazaribagh ( Now Ramgarh ) — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

I.A. No. 13418 of 2024 (ignoring party-position defect) and I.A. No. 9600 of 2024 (condonation of 730 days' delay) allowed; First Appeal No. 173 of 2018 restored to its original file and, being of the roster of this bench, directed to be posted on 19.03.2025.

Issue for consideration

Whether the delay of 730 days in filing the application for restoration of First Appeal No. 173 of 2018 should be condoned (I.A. No. 9600 of 2024). +1 more

Court's answer

Delay of 730 days in the restoration application is condoned: respondents had no serious objection and filed no counter affidavit, and the court, being satisfied with the cause shown, allowed I.A. No. 9600 of 2024.

Ratio / Principle

The defect in the party position of the C.M.P. (the legal heirs of the deceased appellant Jaldhar Munda joining along with Badri Munda, showing their father's name, with Jaldhar Munda himself not made a petitioner) is ignored, and I.A. No. 13418 of 2024 is allowed.

Key takeaways

Being satisfied with the cause shown in the restoration petition (respondents raising no serious objection), First Appeal No. 173 of 2018 is restored to its original file.ratio¶37

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi | C.M.P. No. 897 of 2024 | Decided 11.03.2025 | Anubha Rawat Choudhary, J. — Restoration of appeal; condonation of delay. First Appeal No. 173 of 2018, arising out of a land acquisition proceeding, stood dismissed on 04.07.2022 on account of non-compliance of order dated 09.12.2020 within the pre-emptory time; appellant No. 1 (Jaldhar Munda) had died on 17.02.2022 during its pendency without substitution, and the appeal had been dismissed for default. His legal heirs (Jagarnath, Jageshwar and Umesh Munda) together with Badri Munda applied for restoration with condonation of 730 days' delay. Respondents raised no serious objection and filed no counter affidavit. The court ignored the defect in the party description of the C.M.P. (I.A. No. 13418 of 2024 allowed), condoned the delay (I.A. No. 9600 of 2024 allowed), and restored First Appeal No. 173 of 2018 to its original file, directing it to be posted on 19.03.2025.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

C.M.P. No. 897 of 2024

Jagarnath Munda, aged about 60 years.

Jageshwar Munda, aged about 43 years.

Umesh Munda, aged about 39 years. All sons of Late Jaldhar Munda,

Badri Munda, aged about 60 years, son of Late Ramdhan. All resident of village- Kadru, P.O.- Barkakana, P.S.- Patratu, District- Ramgarh.

… … Appellants/Petitioners

Versus

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

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

… … Respondents/Opposite parties

Jiwdhan @ Jiwadhan Munda, Son of- Lata Akla

Sukhnath Munda

Yadu Nandan Munda

Anjanee

Indranath

3 to 7 sons of- Late Tura Munda, and all are Residents of villageKadru, P.S.- Patratu, P.O. Barkakana, District- Ramgarh.

… … Performa Respondents.

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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

05 /11.03.2025

I.A. No. 13418 of 2024

1. Learned counsel for the appellants submits that this interlocutory application has been filed for restoration of first appeal No. 173 of 2018. He submits that the appellant No. 1 namely Jaldhar Munda died on 17.02.2022 but no substitution was carried out in the first appeal and the first appeal was dismissed for default.

2. He submits that the legal heirs of Jaldhar Munda namely Jagarnath Munda, Jageshwar Munda and Umesh Munda has filed the present C.M.P. along with Badri Munda showing the name of their father as Late Jaldhar Munda. He submits that the defect in connection

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with name of the appellants be ignored. Office has pointed out that Jaldhar Munda has not been made petitioner in this case.

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

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. 13418 of 2024 is allowed.

I.A. No. 9600 of 2024

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 Jaldhar Munda died on 17.02.2022 and the case was dismissed for default during the covid-19 period.

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.

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. 9600 of 2024 is allowed.

C.M.P. No. 897 of 2024

8. This C.M.P. has been filed for restoration of First Appeal No. 173 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.

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

10. Considering the averments made in the petition for restoration and being satisfied with the cause shown, the First Appeal No. 173 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. 173 of 2018 on 19.03.2025.

(Anubha Rawat Choudhary, J.)

Rakesh/-

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