High Court Patna High Court - Orders

Bilash Mahto &Amp; Anr vs The State Of Bihar on 14 February, 2011

Patna High Court – Orders
Bilash Mahto &Amp; Anr vs The State Of Bihar on 14 February, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   MJC No.506 of 2009
                                 BILASH MAHTO & ANR .
                                           Versus
                                  THE STATE OF BIHAR .
                                         -----------

03. 14.02. 2011 Heard learned counsels for the petitioner and

the State.

This application has been filed for restoration of

the First Appeal No. 406 of 1987 arising out of land

acquisition matter. In the aforesaid appeal, by order

dated 30th of November 2000, appellants were allowed ten

days time to deposit deficit court fee of Rs. 3523.85/-

but the same was not deposited, with the result, the

aforesaid appeal was dismissed for non-compliance of the

order dated 30th of November 2000.

Considering the submission of the parties and

the ground stated in the application, the M.J.C.

application alongwith Interlocutory Application No. 1151

of 2009 for condoning the delay in filing the above

restoration application is allowed. The connected First

Appeal No. 406 of 1987 is restored to its original file.

Let the petitioner deposit deficit court fee

within a period of four weeks, on the condition of deposit

of Rs. 200/- with the Patna High Court Legal Service

Authority within the aforesaid time.

The objection of the State counsel with respect
2

to the entitlement of interest over the decree for the

period the appeal has remained dismissed due to the

latches of the petitioner shall be considered at the time

of hearing of the appeal.

The M.J.C. application stands disposed of.

Jagdish/                         ( Shailesh Kumar Sinha, J.)