Dismissed

Hari Yadav v. the State of Jharkhand

Jharkhand HC18 May 2023WPC/1166/2023

Case brief

AI extract

What is this about?

This court dismissed a writ petition challenging an eviction order as withdrawn. The petitioner sought leave to withdraw the matter with liberty to approach the appellate authority within six weeks, which the court granted.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to approach the appellate authority within six weeks; appellate authority to decide within four months.

Hari Yadav Vs the State of Jharkhand — Landlord and Tenant | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1166 of 2023

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-----

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Hari Yadav .… … Petitioner

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Versus

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State of Jharkhand

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The Deputy Commissioner, Pakur.

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The Sub-Divisional Officer, Pakur.

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Samra Saha

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Ruben Saha

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Bhuwan Saha

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Patali Devi

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Sakhi Chandra Saha

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Etwari Saha

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Etwari Saha

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Naresh Saha … … Respondents -------

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CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD ------For the Petitioner : Mr. Din Dayal Saha, Advocate For the Respondents : Mr. Sanjay Kumar Tiwari, S.C.-I

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Order No. 04 / Dated 18^th May, 2023

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This writ petition is under Article 226 of the Constitution of India whereby and whereunder the order dated 02.04.2022 passed by the Sub-Divisional Officer, Pakur in R.E.R. Case No.23 of 2016-17 has been assailed by which the writ petitioner has been directed to be evicted from the landed property of Mouza Turshsdih, J.B. No.13, Plot No.66, area 16 Katha 9 Dhur, Plot No.252, area 3 Katha, Plot No.253, area 13 Katha 6 Dhur, Plot No.256 area 3 Katha, Plot No.260 area 1 Bigha 8 Katha 5 Dhur.

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2. Preliminary objection has been raised on behalf of the State about maintainability of the writ petition on the ground of availability of statutory remedy of appeal.

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3. Upon this, learned counsel for the petitioner seeks leave of this Court to withdraw this writ petition with liberty to approach the appellate authority.

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4. In view of such submission, this writ petition is dismissed as withdrawn, however, with the liberty to the writ petitioner to approach before the appellate authority within six weeks from the date of receipt of copy of this order.

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If such appeal is filed, the appellate authority will decide the appeal, after providing opportunity of hearing to the interested parties, if any, within further period of four months.

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It is made clear that this Court has no gone into the merit of the issue and the appellate authority is to decide the appeal strictly on its merit.

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5. With the aforesaid observation, the instant writ petition is disposed of.

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(Sujit Narayan Prasad, J.)

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Birendra/

Hari Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Hari Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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