Sanatan Rai & Ors vs The State Of Jharkhand & Ors
2021 Latest Caselaw 4293 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            [Civil Writ Jurisdiction]
                            W.P.(C) No. 6449 of 2009
       Sanatan Rai & Ors.                                 .... .. ... Petitioners
                                     Versus
       The State of Jharkhand & Ors.                       .. ... ... Respondents
                                      ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through :- Video Conferencing) .........

For the Petitioners : Mr. Rajeeva Sharma, Sr. Advocate Mrs. Rita Kumari, Advocate For the Respondent-State : Mr. Rakesh Kumar Shahi, AC to SC (L&C)-I ......

08/ 20.11.2021.

Heard, learned counsel for the parties.

Learned Sr. counsel for the petitioners has submitted that petitioners namely,

1.Sanatan Rai, 2. Adalat Rai, 3. Nepat Rai, 4. Jitu Rai, 5. Mithu Rai and 6.Dulal Rai have preferred the writ petition against the order dated 29.04.2009, passed by the Commissioner, Santhal Parganas Division, Dumka in Revenue Misc. Appeal No. 221 of 1993-94 whereby the Revenue Misc. Appeal has been dismissed as not pressed as because the counsel for the appellant has not appeared before the learned Commissioner.

Learned Sr. counsel for the petitioners has further submitted that in view of the judgment passed by the Apex Court in the case of Balaji Steel Re-rolling Mills vs. Commissioner of Central Excise & Customs, reported in (2014) 16 SCC 360, the learned Tribunal cannot dismiss the Revenue Misc. Appeal, even, if the parties are not appearing. The learned Tribunal is duty bound to pass an order on merit, as such, the impugned order is fit to be set aside.

Learned counsel for the respondent-State, Mr. Rakesh Kumar Shahi, AC to SC (L&C)-I has submitted that notice is required to be issued upon respondent nos.5 and

6. Under the aforesaid circumstances, let notice be issued to the respondent nos.5- Dukhan Rai, S/o Late Bhola Rai and respondent no.6- Lal Bihar Rai, S/o Hariram Rai, both residents of Village- Sarsajole, P.S. & P.O.- Shikaripara, District- Dumka under both process i.e. under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within a period of two weeks.

Put up this case after service of notice.

(Kailash Prasad Deo, J.)

R.S.