Dismissed¶28

Shyam Sunder Agarwal v. State of Jharkhand

Jharkhand HC27 Jun 2024WPC/717/2019

Case brief

AI extract

What is this about?

writ petition withdrawn with liberty to file civil suit for damages; notice dated 03.11.2018; respondent No.8 Mango Municipal Corporation; issued without authority of law; free enjoyment of property; Article 226 Constitution of India; High Court of Jharkhand at Ranchi; Justice Anil Kumar Choudhary; dismissed as withdrawn; civil court not prejudiced; East Singhbhum; Jamshedpur Notified Area Committee; Prem Lata Singh; Gunamy Colony Mango; Shyam Sunder Agarwal; Annexure-13

What did the court decide?

Dismissal as withdrawn permitted, with liberty to the petitioner to file a suit for damages and other appropriate relief in the civil court; the concerned Civil Court expressly declared not to be prejudiced by the dismissal. ¶28

Shyam Sunder Agarwal Vs State of Jharkhand — Writ and Judicial Review | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.717 of 2019

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Shyam Sunder Agarwal, aged about 62 years, son of Late N.C. Agarwal, resident of Gunamy Colony, Mango, P.O. & PS- Mango, District East Singhbhum … Petitioner

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Versus

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The State of Jharkhand

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The Deputy Commissioner, East Singhbhum, P.O. & P.S. Bistupur, District East Singhbhum (Jharkhand)

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Sub-Divisional Mangistrate, Dhalbhum, P.O. & P.S. Bistupur, District East Singhbhum (Jharkhand)

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Sr. Superintendent of Police, East Singhbhum, P.O. & P.S. Bistupur, District East Singhbhum (Jharkhand)

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Superintendent of Police, East Singhbhum, P.O. & P.S. Bistupur, District East Singhbhum (Jharkhand)

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Circle Officer, Jamshedpur, Karandih, P.O. Tata Nagar, P.S. Karandih, District- East Singhbhum

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Jamshedpur Notified Area Committee, through its Special officer, both having their office at Jamshedpur, P.O. & P.S. Sakchi, District Singhbhum East (Jharkhand)

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Mango Municipal Corporation, represented through its Executive Officer, both having their office at Mango, P.O. & P.S. Mango, Jamshedpur, District Singhbhum East

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Shri Anurag Kumar Tiwary, son of not known to the petitioner, presently posted as Circle Officer, Jamshedpur, Karandih, P.O. Tata Nagar, P.S. Karandih, District Singhbhum East

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Shri Rajender Yadav, son of not known to the petitioner, present posted as Circle Inspector, office of Circle Officer, Jamshedpur, Karandih, P.O. Tata Nagar, P.S. Karandih, District Singhbhum East

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Shri Rajendra Prasad Gupta, son of not known to the petitioner

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W.P. (C) No.717 of 2019

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presently posted as Special Officer, Jamshedpur Notified Area Committee, Jamshedpur, P.O. & P.S. Sakchi, District Singhbhum East (Jharkhand)

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Shri Arun Kumar Mahata, son of not known to the petitioner presently posted as Officer-in-Charge, Mango Police Station, P.O. & P.S. Mango, District Singhbhum East

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Prem Lata Singh, W/O Late Bhanwar Lal Singh, Resident of Gunmay Colony, Mango, P.O. and P.S. Mango, Dist. East … Singhbhum, Jamshedpur Respondents

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------ For the Petitioner : Mr. P. P. N. Roy, Sr. Advocate Mr. T. N. Verma, Advocate Ms. Pragati Prasad, Advocate For the Respondents : Ms. Surabhi AC to AAG II Mr. Vijay Kr. Roy, Advocate Mr. Indrajit Sinha, Advocate Ms. Puja Agarwal, Advocate ------ P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court:- Heard the parties.

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This Writ Petition has been filed under Article 226 of the Constitution of India with a prayer for quashing the notice dated 03.11.2018 (copy of which has been kept at Annexure-13 of this Writ Petition) issued by the respondent No.8 on the ground that the same has been done without authority of law and further to direct the respondents not to interfere with the free enjoyment of the property by the petitioner.

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Learned senior counsel for the petitioner, on instructions, seeks permission of this Court to withdraw this Writ Petition with liberty to file a suit for damages and for other appropriate relief in the civil court.

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W.P. (C) No.717 of 2019

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