Disposed

MD Akhtar Shekh Alias Akhtar Shekh v. the State of Jharkhand through the Secretary Revenue Registration and Land Reforms Deptt

Jharkhand HC2 Jun 2023WPC/2513/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the delay in an RMR case disposal due to the vacancy of the Commissioner's office and the officer being on leave, directing the petitioners to approach the Commissioner with a prayer for reasoned disposal and granting liberty to seek interim relief.

What did the court decide?

Petitioners directed to approach Commissioner with prayer for disposal within specified time; liberty to file interim application.

MD Akhtar Shekh Alias Akhtar Shekh Vs the State… — Writ and Judicial Review | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No. 2513 of 2023

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With I.A. No. 5001 of 2023

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1. Md. Akhtar Shekh @ Akhtar Shekh

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2. Md. Firoz Alam @ Firoz Shekh … Petitioners

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-versus-

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The State of Jharkhand

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The Commissioner, Santhal Pargana Division, Dumka

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The Deputy Commissioner, Pakur

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The Sub-Divisional Officer, Pakur

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The Circle Officer, Pakur 6. Sabir Sheikh … Respondents

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CORAM : SRI ANANDA SEN, J.

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For the Petitioners : Mr. Shadab Bin Haque, Advocate For the Respondents : Mr. Ashutosh Anand, AAG-III Ms. Rishi Bharti, AC to AAG-III

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03/02.06.2023: All defects, as pointed out by the office, are ignored for the present. Counsel for the petitioners at the very out set submits that the petitioners are confining their prayer in this writ petition only in relation to disposal of RMR Case No. 296 of 2023-24, which is pending before the Commissioner, Santhal Pragana Division, Dumka. He prays that suffice it would be if a direction is given to the Commissioner, Santhal Pragana Division, Dumka to dispose of the case within a specified time frame, as the same is pending before the said authority. It has been further prayed that the petitioners may be allowed to take all the points before the Revisional Authority. It is further submitted that at present the office of the Commissioner, Santhal Pragana Division, Dumka is vacant and the Officer, who has been given the charge of the said office, is on leave. He also submits that there is eminent threat of dispossession also, thus by way of interim arrangement, the petitioners may be protected.

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Counsel for the respondents submits that though the Officer is on leave, but he will join.

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Considering the aforesaid submission, I direct the petitioners to approach the Commissioner, Santhal Pragana Division, Dumka, making a prayer to dispose of RMR Case No. 296 of 2023-24 by passing a reasoned order.

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The petitioners will be at liberty to file an application praying ad interim relief. If such, application is filed, the same will be considered and disposed of within a period of three months after giving opportunity of hearing to the parties. The Commissioner, Santhal Pragana Division, Dumka will make an effort to dispose of RMR Case No. 296 of 2023-24 by passing a reasoned order.

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It is made clear that if the said application is filed in RMR Case No. 296/2023-24 within a period of two weeks from today, till its disposal or for the period of three months, whichever is earlier, no coercive steps shall be taken against the petitioners.

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With the aforesaid direction and observation, this petition stands

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disposed of .

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I.A. No. 5001 of 2023

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In view of the order passed in the main writ application, this interlocutory application also stands disposed of .

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Anu/Cp-02

MD Akhtar Shekh Alias Akhtar Shekh v. the State of Jharkhand through the Secretary Revenue Registration and Land Reforms Deptt

Case brief

What is this about?

What did the court decide?

MD Akhtar Shekh Alias Akhtar Shekh v. the State of Jharkhand through the Secretary Revenue Registration and Land Reforms Deptt

Case brief

What is this about?

What did the court decide?

What the court decided

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