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IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NO. 8310   OF 2011

(Arising out of SLP(C) No.27482/2011)

(CC No.14798/2011)

STATE OF JHARKHAND                         Appellant(s)

                    :VERSUS:

VISHWANATH DUBEY & ORS.                    Respondent(s)

O R D E R

1. Delay condoned. Leave granted.

2. We  have  heard  the  learned  counsel  for  the  

parties.  

3. The Letters Patent Appeal filed by State of  

Jharkhand was dismissed by the High Court as being  

defective. The Division Bench of the High Court of  

Jharkhand at Ranchi has observed that none appeared  

for the State Government even on the second round  

and no care was taken on behalf of the State to  

remove the defects, which showed the indifference of  

the State agency to prosecute the appeal.  

4. The  State  filed  an  application  for

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restoration and when the application for restoration  

was taken up on 7th March, 2011, no one appeared for  

the  appellant  and  as  a  result  thereof,  the  

application  for  restoration  came  to  be  rejected.  

This appeal, by special leave, has been preferred  

against  the  rejection  of  the  restoration  

application.  

5. Learned  counsel  for  the  appellant  submits  

that the counsel for the appellant could not appear  

on 7th March, 2011,  because his name did not appear  

in the cause list.  In this view of the matter, we  

set aside the impugned order subject to payment of  

costs of Rs.5,000/- by the appellant to be deposited  

before the High Court within two weeks from today.  

6. We further direct that the State shall remove  

the defects within two weeks from today and if the  

same are not removed within the said period, this  

order would be of no avail to the appellant.  

7. We request the High Court to hear the appeal  

and  dispose  of  the  same  as  expeditiously  as  

possible.

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8. This  appeal  is  disposed  of  with  the  

aforementioned observations and direction.  

.....................J (DALVEER BHANDARI)

.....................J (DEEPAK VERMA)

New Delhi; September 26, 2011.