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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

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.

8.This appeal is disposed of with the aforementioned observations and direction.

.....................J (DALVEER BHANDARI) .....................J (DEEPAK VERMA)

New Delhi; September 26, 2011.

STATE OF JHARKHAND vs VISHWANATH DUBEY on 26 September, 2011