Mahadev Das Alias Kumar Dev vs. Moped Corner Through Its Proprietors
Facts
The petitioner, Mahadev Das @ Kumar Dev, filed a Civil Miscellaneous Petition (C.M.P.) No. 177 of 2025 seeking restoration of Writ Petition (Civil) No. 6960 of 2023. The original writ petition had been dismissed due to the petitioner's non-compliance with a peremptory order dated 24.10.2024. The respondents include Moped Corner, its proprietors and partners, Aditya Mayur, the Assistant Commissioner-cum-Central Public Information Officer of Central Goods and Services Tax and Excise Division-V, Jamshedpur, the Public Information Officer of Jamshedpur Notified Area Committee, and the State of Jharkhand. The petitioner appeared in person, while counsel represented opposite parties 5 and 6.
Held
The Court decided to restore Writ Petition (Civil) No. 6960 of 2023 to its original file and stage. This decision was based on the reasons provided by the petitioner in the Civil Miscellaneous Petition (C.M.P.) No. 177 of 2025. The restoration was made conditional upon the petitioner rectifying the remaining defects pointed out by the office by 03.11.2025. The Court found the grounds presented in the C.M.P. sufficient to warrant the restoration of the original writ petition, which had been dismissed for non-compliance with a peremptory order dated 24.10.2024. The ratio decidendi is that if sufficient reasons are provided in a restoration application, and the opposing parties do not raise strong objections, the court may grant restoration subject to compliance with certain conditions. The operative direction was the restoration of the writ petition and a deadline for rectifying defects.
Key Issues
1. Whether the Writ Petition (Civil) No. 6960 of 2023, which was dismissed for non-compliance with a peremptory order, should be restored to its original file and stage. The petitioner argued that the restoration was warranted due to the reasons stated in the C.M.P. The petitioner, appearing in person, sought the restoration of the original writ petition. The revenue or State, represented by counsel for opposite parties 5 and 6, did not explicitly record arguments against the restoration, but their presence and participation in the hearing indicate their engagement with the petitioner's plea. The court was primarily considering the petitioner's request for restoration based on the grounds presented in the application.
AI-generated summary — verify with the full judgment below
2025:JHHC:31261
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 177 of 2025 --- Mahadev Das @ Kumar Dev, son of Shri Surendra Das, resident of village – Dugdha, P.O. & P.S.- Gamharia, District- Seraikella- Kharsawan
… … Petitioner Versus
Moped Corner through its Proprietors having its office at Hotel Mayur Building, Near Ran Rup Tulsi Bhawan Building, Diagonal Road, P.O. & P.S.- Bistupur, District- East Singhbhum
Moped Corner through its Partners, having its office at Hotel Mayur Building, Near Ran Rup Tulsi Bhawan Building, Diagonal Road, P.O. & P.S.- Bistupur, District- East Singhbhum
Aditya Mayur, resident of Near Ran Rup Tulsi Bhawan Building, Diagonal Road, P.O. & P.S.- Bistupur, District- East Singhbhum
The Assistant commissioner-cum-Central Public Information Officer, Central Goods and Services Tax and Excise Division-V, Jamshedpur
The Public Information Officer, Jamshedpur Notified Area Committee, Jamshedpur
State of Jharkhand
…. … Opp. Parties
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : In person
For the O
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