Ashok Kumar Rajak vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Jhk) 319

RAJESH SHANKAR
Ashok Kumar Rajak – Appellant
Versus
State of Jharkhand – Respondent

Advocates Appeared:
For the Petitioner:Mr. Mukesh Kumar Dubey, Advocate
For the Respondents: Ms. Shilpi

ORDER :

1. The present writ petition has been filed for quashing order dated 22.12.2015 (Annexure-6 to the writ petition), whereby the respondent no. 2 – the Deputy Commissioner, Godda has dismissed the Restoration Petition No. 06/2015 (appears to be wrongly written as Restoration Petition No. 06/2016) filed by the petitioner for restoration of Misc. Case No. 37/2009-10.

2. Heard the learned counsel for the parties and perused the content of the writ petition. On perusal of the record, it appears that the petitioner’s PDS licence no. 09/1991 was cancelled by the respondent no. 3 – the Sub-Divisional Officer, Godda vide order as contained in memo no. 709 dated 18.12.2001. Aggrieved with the said order of cancellation, the petitioner preferred Misc. Case No. 37/2009-10 in the court of the Deputy Commissioner, Godda. However, on 06.04.2015, the said Misc Case was also dismissed for default on the ground of non-appearance of the counsel for the petitioner. Thereafter, on 04.06.2015, the petitioner moved Restoration Petition No. 06/2015 for restoration of Misc. Case No. 37/2009-10, which was dismissed by the respondent no. 2 on 22.12.2015.

3. It would be evident from the aforesaid fact tha

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