Intra-court appeal disposed of. Court directed Single Judge to dispose of underlying writ petition expeditiously within a week after holidays without expressing views on merits.
Instant appeal and pending interlocutory applications disposed of; direction given to Single Judge to dispose writ petition within a week.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 216 of 2021
with
I.A. No. 5026 of 2021 with
I.A. No. 5526 of 2021
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L.P.A. No. 216 of 2021
CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
-----For the Appellants: Mr. Anil Kumar Sinha, Sr. Advocate Mr. Pandey NeerajRai, Advocate For the State : Mr. Indrani lBhaduri, S.C.-IV For Respondent No.5: Mr. Mahesh Tewari, Advocate
Oral Order
02 / Dated : 28.09.2021
1. Matter has been heard through video conferencing mode and there is no complaint whatsoever regarding audio and/or video quality.
2. Heard the parties.
3. The instant intra-court appeal under Clause 10 of the Letters Patent is directed against the order dated 01.07.2021 passed by the learned Single Judge of this Court in W.P.(C) No.2016 of 2021, by which, the prayer to stay the operation of the order dated 25.02.2021 as well as restraining the respondents from changing the nature of the property involved in the writ petition has been refused to be granted.
4. The instant intra-court appeal is listed under the heading for ‘Orders’ on the issue of maintainability of the instant intra-court appeal against the order, for which, the prayer for interim relief has been rejected.
5. Mr. Anil Kumar Sinha, learned senior counsel assisted by Mr. Pandey Neeraj Rai, learned counsel has addressed the Court on the issue of maintainability.
6. Mr. Indranil Bhaduri, learned S.C.-IV appearing for the State of Jharkhand and Mr. Mahesh Tewari, learned counsel appearing for private respondent have also advanced their arguments, but after arguing for a while, learned counsel for the parties have consented for
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L.P.A. No. 216 of 2021
disposal of the instant intra-court appeal by requesting the learned Single Judge to dispose of the writ petition finally within a specific period.
7. Mr. Indranil Bhaduri, learned S.C.-IV appearing for the State of Jharkhand has submitted that in the meanwhile counter affidavit, if any, will be filed in the writ petition.
8. This Court, after taking into consideration the consent expressed by the learned counsel for the parties, as indicated herein above, is disposing of the instant appeal with a request upon the learned Single Judge to dispose of the writ petition expeditiously preferably within a week after Durga Puja holidays. However, it is made clear that we have not expressed any view or formed any opinion with regard to the merit or the issue.
9. Learned counsel for the parties are at liberty to agitate the issues which are available to them in law.
10. Accordingly, the instant appeal stands disposed of. Consequently, pending interlocutory applications also stand disposed of.
(Dr. Ravi Ranjan, C.J . )
(Sujit Narayan Prasad, J.)
V.K.
Jageshwar Sahu and others
The State of Jharkhand
Binod Kumar Singh
Sujit Narayan Prasad
Ravi Ranjan
As recorded by the court registry
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