Pradip Kumar Ghosh v. State of Jharkhand through the Secretary, Revenue and Land Reforms, Government of Jharkhand, Ranchi
2021-07-08
RAJESH SHANKAR
body2021
DigiLaw.ai
JUDGMENT : This case is taken up through video conferencing. The present writ petition has been filed for quashing the order dated 15th July, 2011 (Annexure-3 to the writ petition) passed in L.A.R. Case no.03 of 2006 as well as the order dated 20th December, 2016 (Annexure-5 to the writ petition) passed in Land Acquisition Misc. Case no.03 of 2016 by the Land Acquisition Judge, Ranchi. Heard learned counsel for the parties and perused the contents of the writ petition. The petitioner has moved this Court for setting aside the aforesaid impugned orders on the ground that due to prolonged illness between the period 2011 to 2016, the restoration petition seeking revival of L.A.R. Case No.03 of 2006 could not be filed. While perusing the prescriptions annexed with the writ petition, this Court does not find that the petitioner was suffering from any such serious/fatal disease, which could have prevented him from filing an application under Order IX Rule 7 of the Code of Civil Procedure. It is evident that L.A.R. Case no.03 of 2006 was dismissed on 15th July, 2011 on the ground that despite giving sufficient time to the applicant (petitioner herein) for adducing evidence, no evidence was produced on his behalf for a long period of time. The petitioner, thereafter, filed Misc. Case no.03 of 2016 for restoration of L.A.R. Case no.03 of 2006 after delay of five years. Since the petitioner has not been able to bring on record any cogent evidence so as to justify the said delay in filing restoration petition, I am not inclined to interfere with the impugned orders. The writ petition is, accordingly, dismissed.