Disposed¶¶5

Lokman Ali Alias Lokman Sheikh v. the State of Jharkhand

Jharkhand HC9 Jul 2024WPC/3033/2024

Case brief

AI extract

What is this about?

Lokman Ali @ Lokman Sheikh v State of Jharkhand and Others; W.P.(C) No. 3033 of 2024; Jharkhand High Court, Ranchi; Sanjay Kumar Dwivedi J.; 09.07.2024; quashing of order dated 03.05.2024 in J.B. No.68, Daag No.107/328; Circle Officer, Udhwa, District Sahebganj; earlier W.P.(C) No.4248 of 2023, order 06.03.2024; Circle Officer has no power to decide dispute; dispute to be settled by appropriate suit; petition disposed of.

What did the court decide?

No quashing; petition disposed of with the Court's observation that the petitioner has only to satisfy the Circle Officer, that the Circle Officer will not proceed in the matter if a dispute is there, and that the coordinate Bench's observation with regard to the dispute has to be followed; pending petitions, if any, also disposed of accordingly. ¶¶5

Lokman Ali Alias Lokman Sheikh Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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W.P. (C) No. 3033 of 2024

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Lokman Ali @ Lokman Sheikh .... Petitioner

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-- Versus --

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The State of Jharkhand and Others .... Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Ranjan Kumar Singh, Advocate For the State :- Mr. Kishore Kumar Singh, Advocate

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2 /09.07.2024 This petition has been filed for quashing of the order dated 03.05.2024 passed in J.B. No.68, Daag No.107/328.

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Learned counsel for the petitioner submits that the petitioner has earlier moved before this Court in W.P.(C) No.4248 of 2023 which was disposed of by order 06.03.2024 remitting back the matter to the Circle Officer, Udhwa, District Sahebganj and it was observed by the coordinate Bench that the Circle Officer has got no power to decide the dispute and if the dispute is there, that can be settled by way of filing appropriate suit. He submits that in spite of that, this order has been passed.

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Mr. Kishore Kumar Singh, the learned counsel for the respondent State submits that in view of the order of the coordinate Bench the Circle Officer has only called upon the petitioner to show the documents. The Circle Officer is not going to decide the said claim if the dispute is there and the petitioner has only to satisfy the Circle Officer that dispute is there.

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In view of the above and considering the order of the coordinate Bench in W.P.(C) No.4248 of 2023, it appears that the said notice has been issued by the Circle Officer in light of order of the coordinate Bench in the said W.P.C and the petitioner has to only satisfy his case. The Circle Officer will not proceed in the matter, if the dispute is there and observation of the coordinate Bench with regard to the dispute has to be followed.

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This petition is accordingly disposed of.

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Pending petition if any also stands disposed of accordingly.

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( Sanjay Kumar Dwivedi, J.)

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SI/,

Lokman Ali Alias Lokman Sheikh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Lokman Ali Alias Lokman Sheikh v. the State of Jharkhand

Case brief

What is this about?

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What the court decided

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