Samra Manjhi And Ors. Vs State of Jharkhand And Ors. — Jharkhand HC (2025) — LawSathi Research

Samra Manjhi And Ors. Vs State of Jharkhand And Ors. — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the prayer in I.A. No.10535 of 2025 for four weeks' further time (beyond the two-week peremptory period fixed by the order dated 24 July 2025) to file the requisites for proclamation of notice upon respondent No.5 should be allowed. +1 more

Court's answer

I.A. No.10535 of 2025 stands dismissed: the four-week period sought by the petitioners had come to an end on 5 September 2025, the requisites in terms of the order dated 24 July 2025 had still not been filed, and according to the learned senior counsel for the petitioners, despite his best efforts, he could not establish any contact with them.

Ratio / Principle

Since the petitioners did not file the requisites in terms of the order dated 24 July 2025 and the further period of four weeks prayed on their behalf also lapsed, the writ petition is deemed to have been dismissed for non-compliance of that order.

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Hon'ble Mr. Justice Rajesh Shankar), Order No.22 dated 01.12.2025 on W.P.(C) No.4688 of 2006: By order dated 24.07.2025, notice was to be served upon respondent No.5 (the Sixteen (16) Annas Raiyats of Upar Rangni locality, district Dumka) by proclamation of general notice by beat of drums, with the petitioners required to file costs of proclamation and requisites within two weeks, failing which the writ petition was to stand dismissed without further reference to the Bench; notices to respondent No.7(i) and respondent No.13 had returned with reports of their death and notice had not issued to respondent No.5. The petitioners' interlocutory application I.A. No.10535 of 2025 (filed 06.08.2025, within the peremptory period) seeking four weeks' further time was dismissed, the extended period having lapsed on 05.09.2025 without the requisites being filed and counsel being unable to establish contact with the respondents; consequently, the writ petition was deemed dismissed for non-compliance of the order dated 24.07.2025.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.4688 of 2006 With

I.A. No.10535 of 2025

Samra Manjhi & Ors.

.......... Petitioners.

-Versus-

The State of Jharkhand & Ors. .......... Respondents.

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

----For the Petitioners : Mr. Rajeeva Sharma, Sr. Advocate For the State : Mr. P.K. Rai, AC to SC (L&C)-III For the Private Res.: Mr. Durga Charan Mishra, Advocate -----

Order No.22 Date: 01.12.2025

Reference may be made to the order dated 24^th July, 2025, the relevant paragraphs of which read as under:

“Perusal of the record reveals that the notice issued to the respondent No.7(i) & respondent No.13 has returned with the report that they have died and notice has also not been issued to the respondent No.5- The Sixteen (16) Annas Raiyats.

Issue notice to respondent No.5- The Sixteen (16) Annas Raiyats of Upar Rangni locality in the district of Dumka by proclamation of the general notice by beat of drums.

The petitioner is directed to file costs of proclamation of the general notice by beats of drums upon the respondent No.5- The Sixteen (16) Annas Raiyats of Upar Rangni locality in the district of Dumka along with requisites therefor, within two weeks from the date of this order; failing which, this W.P.(C) shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks.

In case requisites are filed, list this W.P.(C) after receipt of the service report of the notice issued to the respondent No.5- The Sixteen (16) Annas Raiyats of Upar Rangni locality in the district of Dumka.”

An application being I.A. No.10535 of 2025 has been filed on behalf of the petitioners on 6^th August, 2025 (i.e. prior to end of

peremptory time of two weeks) seeking four weeks more time to file requisites in terms with the order dated 24^th July, 2025.

Since the time of four weeks as prayed by the petitioners in the present interlocutory application has also come to an end on 5^th September, 2025 and the requisites in terms with the aforesaid order has not yet been filed as well as according to the learned senior counsel for the petitioners despite his best efforts, he could not establish any contact with them, the present interlocutory application deserves to be dismissed.

Accordingly, I.A. No.10535 of 2025 stands dismissed.

Since the petitioners have not filed the requisites in terms with the order dated 24^th July, 2025 and further period of four weeks’ time prayed on their behalf has also lapsed, the present writ petition is deemed to have been dismissed for non-compliance of the said order.

Office to proceed accordingly.

(Rajesh Shankar, J.)

1^st December,2025 Rohit/