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Patna High Court

Motijhar Kuer @ Most. Motijharo Kuer,versusThe State of Bihar

Decided
Disposal
DISPOSED

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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