Citation : 2022 Latest Caselaw 552 Jhar
Judgement Date : 18 February, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 2093 of 2019
Aslam Choudhary .... .. ... Petitioner(s)
Versus
The State of Jharkhand & Ors. .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through :- Video Conferencing) .........
For the Petitioner :
For the respondent/State : Mr. Mukul Kumar Singh, A.C. to G.P.III
For the private respondent : Mr. Onkar Nath Tiwari, Advocate
......
05/ 18.02.2022. No body appears on behalf of the petitioner.
However, Mr. Abhishek Srivastava, learned counsel has submitted that he has been asked by the counsel for the petitioner to take adjournment in this case on some personal ground.
It appears that the instant Writ Petition has been filed for quashing the order /judgment dated 08.03.2011 passed by learned Subordinate Judge-II, Deoghar in Title [Declaration] Suit No.40\2004.
From perusal of the office notes, it appears that the office has not pointed out defect with regard to maintainability of the instant Writ Petition rather there is defect no.4 with regard to provision of law.
Under the aforesaid circumstances, let a fresh stamp reporting be made in this case.
Learned counsel for the Pvt. Respondent, Mr. Onkar Nath Tiwari has submitted that he has filed I.A No.9841 of 2019 for acceptance of Vakalatnama on behalf of respondent no.7.
Learned counsel for the State, Mr. Mukul Kumar Singh, A.C. to G.P.III has no objection.
Accordingly, the prayer made in I.A. no.9841 of 2019 is hereby allowed. The Vakalatnama on behalf of respondent no.7 is accepted. I.A. No.9841 of 2019 stands disposed of.
Mr. Mukul Kumar Singh, learned A.C. to G.P.III for the State has submitted that the counter-affidavit has already been filed on 16.01.2020 by Block Development Officer, cum Circle Officer, Sarawan, Deoghar, challenging the maintainability of the instant Writ Petitin against the judgment passed by the learned Sub Judge-II, Deoghar.
List this case on 25.02.2022.
Office is directed to delete the name of learned counsels, Mr. Vinod Kumar Sahu and Mr. Altmas Khan by substituting the name of Mr. Om Prakash Tiwari, G.P.III in the Cause List.
Sandeep/ (Kailash Prasad Deo, J.)
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