The State Of Bihar v. Kaushalendra Kumar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2226 of 2022 In FIRST APPEAL No.120 of 2018 ====================================================== 1.

The State of Bihar through the Collector, Khagaria. 2.

Land Acquisition Officer, Khagaria.

... ... Petitioner/s

Versus

1.

Kaushalendra Kumar Singh son of Late Raj Kishore Prasad Singh, resident of Village Sadanandpur, Police Station Ballia, District Begusarai. 2.

Amrendra Prasad Singh son of Late Raj Kishore Prasad Singh, resident of Village Sadanandpur, Police Station Ballia, District Begusarai. 3.

Shailendra Prasad Singh, son of Late Raj Kishore Prasad Singh, resident of Village Sadanandpur, Police Station Ballia, District Begusarai. 4.

Smt. Kumud Rai daughter of Late Raj Kishore Prasad Singh, resident of Village Sadanandpur, Police Station Ballia, District Begusarai. 5.

Abhay Kumar Singh so of Late Shiv Shankar Prasad Singh, resident of Village Sadanandpur, Police Station Ballia, District Begusarai. 6.

Smt. Sarita Singh, daughter of Late Shiv Shankar Prasad Singh, resident of Village Sadanandpur, Police Station Ballia, District Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Chandram For the Opposite Party/s :

Mr.Pramod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-11-2022 Heard learned Counsel for the parties concerned. First Appeal No. 120 of 2018, filed by the petitioners, has been dismissed for default due to non-compliance of the peremptory order, dated 31.08.2022.

Learned Counsel for the petitioners submits that the peremptory order passed by this Court for payment of court fees and removal of other defects, as pointed out by the Office, could

Patna High Court MJC No.2226 of 2022(2) dt.23-11-2022 2/2 not be complied with within the time granted by this Court, and accordingly, the first appeal stood dismissed for default. However, learned Counsel for the petitioners submits that deficit court fees has already been deposited and some of the defects have already been removed. He undertakes to remove the other defects, within a period of two weeks after restoration of the first appeal.

Taking into consideration the submission advanced by learned Counsel for the petitioners, this restoration application is allowed and the connected case, being First Appeal No. 120 of 2018 is restored to its original file, subject to removal of all the defects, as pointed out by the Office, within a period of three weeks from today.

(Anil Kumar Sinha, J.) ashwani/- U √