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2023 DIGILAW 206 (JHR)

Nakul Mahto v. State of Jharkhand

2023-02-21

ANUBHA RAWAT CHOUDHARY

body2023
JUDGMENT : ANUBHA RAWAT CHOUDHARY, J. 1. Learned counsel for the parties are present. 2. This writ petition has been filed for the following reliefs: – (A) For issuance of appropriate writ(s)/order(s)/direction(s) commanding the respondents to quash order dt. 25/9/12 passed in Survey Appeal no. 039/08 by the Commissioner, South Chotangpur Division, Ranchi, whereby the appeal has been dismissed for non-appearance. (B) For issuance of appropriate writ(s)/order(s)/direction(s) to quash order dt.29/1/08 passed in Survey Appeal no. 90/1994, passed by the Settlement Officer Ranchi. 3. Learned counsel for the petitioner submits that petitioner is primarily aggrieved by the order dated 25.09.2012 passed in Survey Appeal No. 039 of 2008 whereby the learned Commissioner, South Chhotanagpur Division has dismissed the appeal for non-prosecution. The learned counsel submits that the appeal has remained pending before the learned Commissioner right from the year 2008 and on a large number of occasions, the learned Commissioner was also not available to take up the matter. Learned counsel submits that the case was adjourned from time to time and on 25.06.2012 the case was lastly adjourned on account of sudden demise of an Advocate. 4. The learned counsel submits that the property rights are involved in the present case and therefore the impugned order be set aside and appropriate direction be passed so that the case is decided on merits. He has submitted that the petitioner would fully co-operate with the disposal of the matter before the learned Commissioner if it is restored and a date may be fixed by this court itself for appearance of the parties. 5. The learned counsel appearing on behalf of the private respondent, though has opposed the prayer, but does not dispute that by the impugned order the case has been dismissed for non-prosecution and on various occasions, the learned Commissioner was not holding the court. 6. Learned counsel for the State has also submitted that the petitioner has not been appearing on some of the dates, but as per the entire order-sheet annexed along with the writ petition as contained in Annexure-2, he is not in a position to dispute that even the learned Commissioner has not been holding Court on various dates. 7. 6. Learned counsel for the State has also submitted that the petitioner has not been appearing on some of the dates, but as per the entire order-sheet annexed along with the writ petition as contained in Annexure-2, he is not in a position to dispute that even the learned Commissioner has not been holding Court on various dates. 7. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this court finds that the matter remained pending before the learned Commissioner right from the year 2008 and as per the order sheet on a number of occasions the learned Commissioner was also not holding the Court. By the impugned order dated 25.09.2012, the case has been dismissed on account of non-prosecution and both the parties had remained absent on that day. However, the fact remains that property rights of the petitioner is involved in the present case. 8. Accordingly, for the ends of justice, this court is of the considered view that the matter is required to be decided by the learned Commissioner on merit. Consequently, the impugned order dated 25.09.2012 is hereby set aside. The survey appeal No. 39 of 2008 is restored to be decided by the learned Commissioner, South Chhota Nagpur Division, Ranchi after giving an opportunity of hearing to the petitioner and the private respondent. The petitioner as well as private respondent shall appear before the learned Commissioner on 15.03.2023 at 11 A.M. Upon their appearance, the learned Commissioner shall pass appropriate order after granting an opportunity of hearing to the parties. The parties are directed to co-operate with the proceedings. 9. This writ petition is accordingly disposed of.