Abdul Basir And Ors vs State Of Jharkhand And Anr
2022 Latest Caselaw 1680 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   W.P.(S) No. 7959 of 2012
                   Abdul Basir and Ors.                     ...  ...    Petitioners
                                            Versus
                   State of Jharkhand and Anr.    ...       ...   Respondents
                                             With
                                   W.P.(S). No.2041 of 2013

                   Chhaku Tudu and Ors.                            ...       ...    Petitioners
                                            Versus
                   State of Jharkhand and Ors.                ...        ...       Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Birendra Kumar, Advocate For the Respondents : Mr. Jagdeesh, Advocate

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Through Video Conferencing

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11/27.04.2022 Learned counsels for the parties are present.

2. Learned counsel for the respondents has submitted that the case of the petitioners is covered against them by virtue of order passed in L.P.A. No.649 of 2017 and L.P.A. No.421 of 2017 passed by this Court and accordingly, the order passed by Hon'ble Patna High Court in L.P.A. No.1489 of 2011 is not applicable. The learned counsel has also submitted that the order passed by Hon'ble Patna High Court in the aforesaid case has also been considered while deciding the L.P.A by this Court.

3. Learned counsel for the petitioner in response submits that the present writ petitions have been filed in the year 2013 and consequently, the right to claim absorption was already crystalized in favour of the petitioners and therefore, the judgment passed by Hon'ble Patna High Court should be followed.

4. However, it is not in dispute from the side of the petitioners that the issue which has been decided by this Court in the aforesaid L.P.A referred to by the learned counsel for the respondents covers the case of the petitioners in the present cases.

5. Let this matter be treated as a part heard.

6. Post these cases for further hearing on 02.05.2022 to be taken up as a first case at 10.30 a.m. immediately after the 'Orders'.

          Saurav                                              (Anubha Rawat Choudhary, J.)