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2019 DIGILAW 1605 (JHR)

Ajay Kumar Sao v. State Of Jharkhand

2019-09-13

ANUBHA RAWAT CHOUDHARY

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JUDGMENT Anubha Rawat Choudhary, J. - Heard Mr. Kundan Kumar Ambastha, counsel appearing on behalf of the petitioners. 2. Counsel for the State is present. 3. Counsel for the petitioners submits that this petition has been filed for restoration of W.P. (C) No. 2736 of 2013 which was dismissed on account of non-compliance of order dated 27.06.2018 passed by this Court. He further submits that one of the defects which was pointed out by the Office was relating to the certified copy of the order dated 23.02.2010 passed by the Circle Officer, Koderma in Mutation Case No. 2036(iv) of 2009- 10 which could not be filed, as the certified copy of the same was not supplied to the petitioner. He further submits that one interlocutory application being I.A. No. 6750 of 2014 was also filed on behalf of the petitioner with a prayer to direct the respondent Nos. 3 and 4 to supply the certified copy of the order dated 23.02.2010 passed by the Circle Officer, Koderma. The counsel further submits that non-compliance of order dated 27.06.2018 was beyond his control and if the writ petition is not restored, the petitioners shall suffer serious consequences. 4. Counsel appearing on behalf of the State while opposing the prayer for restoration has submitted that the certified copy of order dated 23.02.2010 passed by the Circle Officer, Koderma was not made available to the petitioner because it was made clear by the authorities that the records were not available before the authorities on the particular date. However, he does not dispute the fact that I.A. No. 6750 of 2014 was filed and was pending for consideration in W.P. (C) No. 2736 of 2013. He submits that if this Court is inclined to restore the writ petition to its original file, some cost may be imposed upon the petitioner. 5. Considering the facts and circumstances of this case and after being satisfied with the cause shown by the petitioner in this petition, C.M.P. No. 398 of 2018 is hereby allowed and the writ petition being W.P. (C) No. 2736 of 2013 is hereby restored to its original file, subject to payment of cost of Rs. 2,000/- to be deposited by the petitioners within a period of two weeks from today in the name of Advocates Association Welfare And Development Fund, Jharkhand High Court, Ranchi. 2,000/- to be deposited by the petitioners within a period of two weeks from today in the name of Advocates Association Welfare And Development Fund, Jharkhand High Court, Ranchi. Upon filing of receipt of the deposit of the said amount, the writ petition is directed to be listed before appropriate bench as per roaster after Durga Puja Vacation.