Patna High Court
Motijhar Kuer @ Most. Motijharo Kuer,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- S B P SINGH
Holding
The petition is dismissed for non‑compliance with the court’s order.
Summary
The petitioners filed a civil miscellaneous petition seeking relief against the State of Bihar and other respondents. The court granted them a four‑week extension to rectify defects identified in the office report dated 13‑12‑2023. The petitioners failed to remove the defects within the stipulated period. Consequently, the court noted the non‑compliance and dismissed the petition. The dismissal was ordered on the basis that the petitioners did not obey the court’s directive to cure the procedural deficiencies.
Issues considered
- Whether the petition should be dismissed for failure to comply with the court’s order to remove defects within the granted time.
Subjects
- civil procedure
- petition dismissal
- procedural defect
- court order compliance
- time extension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.65 of 2021
======================================================
1. Motijhar Kuer @ Most. Motijharo Kuer, W/o-Late Goverdhan Mishra R/o
Village-Umapur, PS- Bhagwanpur, District-Kaimur at Bhabua.
2. Devendra Kumar Mishra S/o-Late Goverdhan Mishra R/o Village-Umapur,
PS- Bhagwanpur, District-Kaimur at Bhabua.
3. MostDularmani Kuer @ Dularmani Kuer, W/o-Late Satyendra Kumar
Mishra R/o Village-Umapur, PS- Bhagwanpur, District-Kaimur at Bhabua.
4. Alok Kumar Mishra S/o-Late Satyendra Kumar Mishra R/o Village-Umapur,
PS- Bhagwanpur, District-Kaimur at Bhabua.
5. Umesh Kumar Mishra S/o-Late Satyendra Kumar Mishra R/o Village-
Umapur, PS- Bhagwanpur, District-Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Collector, Kaimur at Bhabua.
3. The Circle Officer, Bhagwanpur, District Kaimur at Bhabua.
4. Hirauta Devi W/o-Gama Vird, R/o Village-Khoradih, P.S.-Chainpur,
District-Kaimur
5. Chandrashekhar Singh R/o Village-Saraiya, P.S.-Bhagwanpur, District-
Kaimur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashutosh Tripathy, Advocate
For the Respondent/s : Mr. Madhu Prasun, Advocate
Mr. Himanshu Shekhar, Advocate
Mr. Pratyush Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
6 29-01-2024 On 18.12.2023, the following order was passed:-
“Learned counsel for the petitioners
seeks time of four weeks for removal of
defect(s) as pointed out by the office in its report
dated 13.12.2023.
2. For compliance of office report
dated 13.12.2023, time of four weeks is granted
Patna High Court C.Misc. No.65 of 2021(6) dt.29-01-2024
2/2
to the learned counsel for the petitioners.
3. It is made clear that if the defects
are not removed in the stipulated period, this
matter would be dismissed.
4. List this matter on 29.01.2024.”
2. Office has reported that the defects have not been
removed.
3. Hence, for non-compliance of order dated
18.12.2023, the petition stands dismissed.
(Arun Kumar Jha, J)
DKS/-
U
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