Dismissed¶34

Banu Mahto v. State of Jharkhand

Jharkhand HC19 Mar 2025WPC/4720/2021

Case brief

AI extract

What is this about?

Withdrawal of writ petition with liberty to file afresh; restoration of writ petition dismissed for non-compliance of peremptory order dated 20.03.2023 via C.M.P. No. 625 of 2023 (order dated 28.02.2025); failure to cure office defects by 12.03.2025; cost of Rs. 1,000/- to Advocate's Clerks Association Welfare Fund; I.A. No. 3358 of 2025; W.P.(C) No. 4720 of 2021; High Court of Jharkhand at Ranchi; Rajesh Shankar, J.; order dated 19.03.2025.

What did the court decide?

Withdrawal of W.P.(C) No. 4720 of 2021 permitted, with liberty to the petitioner to file a fresh writ petition; I.A. No. 3358 of 2025 disposed of and the writ petition dismissed as withdrawn. ¶34

Banu Mahto Vs State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

W.P.(C) No. 4720 of 2021

¶3

---

¶4

Banu Mahto, son of Late Bhawani Mahto, resident of MouzaBaid Karo, P.O. & P.S.- Bermo, District- Bokaro

¶5

… … Petitioner

¶6

Versus

¶7

The State of Jharkhand

¶8

The Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Ranchi

¶9

The Commissioner, North Chhotanagpur Division, Hazaribagh

¶10

The Deputy Commissioner, Bokaro

¶11

The Additional Collector, Bokaro

¶12

The Land Reforms Deputy Collector, Bermo at Tenughat,

¶13

District- Bokaro

¶14

The Sub-Divisional Officer, Bermo at Tenughat, DistrictBokaro

¶15

The Circle Officer, Bermo, District- Bokaro

¶16

…. … Respondents

¶17

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

¶18

For the Petitioner : Mr. Sushavan Bhowmik, Advocate For the Respondents : Mr. Rakesh Kumar Roy, A.C. to G.A.-III

¶19

Order No. 06

¶20

Dated: 19.03.2025

¶21

I.A. No. 3358 of 2025

¶22

The present interlocutory application has been filed on behalf of the petitioner for withdrawal of the writ petition with liberty to the petitioner to file a fresh one.

¶23

2. Having heard learned counsel for the parties and on perusal of the record, it appears that earlier the present writ petition stood dismissed for non-compliance of peremptory order dated 20.03.2023. Thereafter, the petitioner preferred C.M.P. for restoration of the writ petition being C.M.P. No. 625 of 2023 which was disposed of vide order dated 28.02.2025 in following manner:

¶24

“The present C.M.P. has been filed for restoration of W.P.(C) No. 4720 of 2021 which stood dismissed for non-compliance of peremptory order dated 20.03.2023. 2. Having heard learned counsel for the parties and for

¶25

¶26

the reasons stated in the present C.M.P., W.P.(C) No. 4720 of 2021 is restored to its original file and stage, subject to the condition that the petitioner removes the remaining defects pointed out by the office by 12.03.2025 and pays a cost of Rs. 1,000/- in favour of Advocate’s Clerks Association Welfare Fund, Jharkhand High Court, Ranchi within the said period.

¶27

3. The present C.M.P. is, accordingly, disposed of.”

¶28

3. It appears that despite the said order, the petitioner did not

¶29

remove the remaining defects pointed out by the office by 12.03.2025, rather the present interlocutory application has been filed on 12.03.2025 with the aforesaid prayer.

¶30

4. Having heard learned counsel for the parties and considering

¶31

the aforesaid facts, the petitioner is permitted to withdraw the present writ petition with liberty to file a fresh one.

¶32

5. I.A. No. 3358 of 2025 sands disposed of.

¶33

W.P.(C) No. 4720 of 2021

¶34

6. In view of the order passed in I.A. No. 3358 of 2025, the writ petition is dismissed as withdrawn with aforesaid liberty.

¶35

Ritesh/