Disposed

Kedar Nath Sharma v. Honble Minister Department of Agriculture and Husbandary and Co. Operative

Jharkhand HC13 Nov 2019WPC/806/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand disposed of a writ petition filed under Article 226 of the Constitution. The petitioner sought to quash a recovery order in a surcharge case and directed early disposal of the pending appeal. The Court ordered the appellate authority to decide the appeal if filed and disposed of the writ petition without examining the merits.

What did the court decide?

Direction to the appellate authority to decide the pending appeal if filed; writ petition and I.A. disposed of without merits being examined.

Kedar Nath Sharma Vs Honble Minister Department of Agriculture and Husbandary and Co. Operative — Jharkhand HC (2019) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P (C) No. 806 of 2019

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Kedar Nath Sharma .…… Petitioner

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Versus

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1.Hon’ble Minister, Department of Agriculture and Husbandary & Cooperative, State of Jharkhand.

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2.Joint Registrar, Co-operative Society, North Chhotanagpur Division, District- Hazaribagh.

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3.District Audit Officer, Co-operative Societies, P.O + P.S-Hazaribagh, District- Hazaribagh. 4.Manoharlal Mehta, S/o Late Nemdhari Mahto.

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…… Respondents

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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---------- For the Petitioner : Mr. Shresth Gautam, Adv. For the Respondents : Mr. Nipun Bakshi, S.C (Mines) III and S. Bhowmik, A.C to S.C (Mines) III.

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7/Dated: 13^th November, 2019

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The writ petition has been filed under Article 226 of the Constitition, wherein following direction has been sought for:

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(A) For an appropriate Writ(s)/Order(s)/Direction(s) in the nature of Certiorari for quashing the order dated 24.07.2018 at annexure-1 passed by the Joint Registrar, Co-operative Society, North Chhotangpur, Hazaribagh in Surcharge Case No.01/2017-18 whereby and whereunder an order of recovery for a sum of Rs.23,11,340/- has been passed against the petitioner. (B) For an appropriate Writ(s)/Order(s)/Direction(s) in the nature of Mandamus, commanding upon the Respondents to dispose of the Surcharge appeal which is still pending.

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And/Or

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Learned counsel for the petitioner at the outset has submitted that since against the order dated 24.07.2018 passed by the Joint Registrar of the Society, North Chhotangpur, Hazaribagh in Surcharge Case No.01/2017-18, an appeal has been preferred before the appellate authority which is lying pending, therefore, he has sought for a direction for early disposal of the said appeal.

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Mr. Nipun Bakshi, S.C (Mines) III for the State has raised no objection to such submission of the learned counsel for the petitioner.

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Having heard learned counsel for the parties and without entering into the merit of the matter, the writ petition is disposed of directing the appellate authority to decide the appeal, if appeal has already been filed.

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Accordingly, the writ petition stands disposed of.

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Consequently, I.A. No.8199 of 2019 also stands disposed of.

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(Sujit Narayan Prasad, J.)

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Saket/-

Kedar Nath Sharma v. Honble Minister Department of Agriculture and Husbandary and Co. Operative

Case brief

What is this about?

What did the court decide?

Kedar Nath Sharma v. Honble Minister Department of Agriculture and Husbandary and Co. Operative

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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