In a writ petition regarding a SAR revision, the High Court of Jharkhand dismissed the petition because the petitioners did not appear despite repeated calls, and the State counsel argued the claim based on sada hukumnama contravened the CNT Act.
The writ petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C ) No. 1593 of 2018
Deepak Lohra & Ors.
.... .. ... Petitioners
Versus
The State of Jharkhand & Ors.
.. ... ... Respondents
CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO
For the Petitioners : None For the respondents-State : Mr. K.K. Singh, S.C.-VI
14/ 18.07.2022 .
Nobody appears on behalf of the petitioners on repeated call.
Learned counsel for the petitioners, Mr. Anuj Kumar has appeared on the previous occasion on 15.07.2022 and has sought an adjournment. Thereafter the matter was listed today, but on repeated call, learned counsel for the petitioners has not appeared.
Learned counsel for the respondents-State, Mr. Munna Lal Yadav, SC (L&C)- III is present and has submitted that from perusal of impugned order passed by the Commissioner, South Chotanagpur Division, Ranchi in SAR Revision Case No.185 of 2011, it appears that Commissioner has rightly appreciated the order passed by the learned court below as the claim of the petitioners are on the basis of sada hukumnama, which is in contravention of Section 46 of the CNT Act, as such, this Court may not interfere with the same.
Considering the submission of learned State counsel and on perusal of the impugned order, it appears that no illegality or irregularity has been committed by the revenue authority while adjudicating an application under Section 71A of the CNT Act.
Accordingly, the instant writ petition is dismissed.
(Kailash Prasad Deo, J.)
R.S.
1 issue framed by the court
Whether the present Court may interfere with the order of the Commissioner as the petitioners' claim is based on sada hukumnama which is in contravention of Section 46 of the CNT Act.
2 provisions across 1 enactments
Deepak Lohra & Ors.
The State of Jharkhand & Ors.
Kailash Prasad Deo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
