IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.506 of 2009
BILASH MAHTO & ANR .
Versus
THE STATE OF BIHAR .
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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
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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.)