Vinay Prakash Mishra vs The State Of Jharkhand
2021 Latest Caselaw 4713 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
               (Letters Patent Appellate Jurisdiction)

                             LPA No. 106 of 2019
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Vinay Prakash Mishra, son of Late Surendra Nath Mishra, C/o Plot No. A-9, City Centre Sector-IV, Bokaro Steel City, resident of 48 Co-operative Colony, Bokaro Steel City, PO & PS- Bokaro Steel City, District- Bokaro (Jharkhand) ... ... Appellant Versus

1. The State of Jharkhand

2. The Steel Authority of India Limited, Bokaro Steel Plant, Bokaro Steel City, PO and PS Bokaro Steel City, District Bokaro (Jharkhand).

3. Administrative, Bokaro Steel Central Consumers Co-operative Store Ltd., PO & PS Bokaro Steel City, District Bokaro (Jharkhand)

4. Estate Officer Bokaro Steel City, PO and PS Bokaro Steel City, District- Bokaro (Jharkhand). ... .... Respondents

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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant : Mr. K.K. Ambastha, Advocate For the Respondent : Mr. Amrit Raj Kisku, Advocate For the SAIL Mr. Piyush Chitresh, Advocate

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th Order No.06/Dated: 09 December, 2021 This is an assigned matter vide order dated 31st October 2020 passed on the administrative side by Hon'ble the Chief Justice, High Court of Jharkhand.

The appellant came to this Court in WP(C) No. 4343 of 2016 challenging the judgment dated 30th June 2016 passed in Civil (Misc.) Appeal No. 10 of 2016.

An order under the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 was passed against the appellant and the said order stood affirmed when the aforesaid writ petition was dismissed by this Court.

In the order dated 11th January 2019, the writ Court has however made an observation that the competent authority may consider allotment of vacant shop in favour of the petitioner, if he is found eligible.

IA No. 3800 of 2021 has been filed for withdrawal of the Letters Patent Appeal.

The learned counsel for the appellant has not averred in this application that the competent authority has either not considered his claim or wrongly denied his claim for allotment of a vacant shop.

-2- LPA No. 106 of 2019

IA No. 3800 of 2021 is allowed.

Consequently, LPA No. 106 of 2019 is dismissed as withdrawn.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) Sharda/Madhav