Citation : 2022 Latest Caselaw 3774 Jhar
Judgement Date : 19 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No. 557 of 2016
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Shiv Kumar Verma --- --- Petitioner
Versus
1. The State of Jharkhand
2. Sri N.K. Mishra, Commissioner, Santhal Pargana Division, Dumka
3. Sri Rahul Kumar Sinha, Deputy Commissioner, Dumka
--- --- Opp. Parties
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CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh
For the Petitioner: Mr. Vishal Kr. Tiwary, Advocate For the Opp. Party: Mr. Manish Kumar, Sr. SC-II
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10/ 19.09.2022 Mr. Manish Kumar, learned Senior Standing Counsel No. II apologetically submits that Letters Patent Appeal No. 414/2016 got dismissed for default, for restoration of which, C.M.P. No. 10/2019 has been preferred and surviving defects have been removed and it is going to be mentioned in this week. Therefore, sometime may be allowed to pursue Civil Miscellaneous Petition and Letters Patent Appeal directed against the judgment under offence.
2. Learned counsel for the petitioner submits that the petitioner has not yet been reinstated in terms of the order dated 09.l2.2015 passed in W.P(S) No. 3066/2014. He informs that he has been substituted by his legal heirs since he has passed away during pendency of the writ petition. He submits that opposite party has taken the matter regarding compliance very casually.
3. It appears from the order sheet of the instant petition that stringent order was passed by the coordinate Bench earlier, but order has remained uncomplied for near about seven years. In the aforesaid circumstances, by way of last indulgence, six weeks' time is allowed to the opposite party to either comply the order or obtain interim protection from the Appellate Court, failing which opposite party no. 3 or his successor in office shall appear on the next date.
4. List the case on 04.11.2022.
Let the name of Mr. Manish Kumar, learned Senior Standing Counsel No. II appear in the cause list henceforth for the State.
(Aparesh Kumar Singh, J) Ranjeet/
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