Motai Ho (Banra) & Ors vs Commsisioner
2022 Latest Caselaw 737 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          [Civil Writ Jurisdiction]
                           CWJC No. 2877 of 1999 (R)
       Motai Ho (Banra) & Ors.                              .... .. ... Petitioner(s)
                                      Versus
       Commsisioner, South Chotanagpur Division, Ranchi & Ors.
                     .                                      .. ... ... Respondent(s)
                                       ...........

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

       For the Petitioner                      : Mr. Pandey Neeraj Rai, Advocate
       For the respondent/State                : Mr. Sreenu Garapati, S.C.-III
       For the Pvt. Resp.                      : Mr. R. P. Gupta, Advocate
                                                 ......

28/ 25.02.2022. Heard, learned counsel for the parties.

It has been argued by Mr. Pandey Neeraj Rai, learned counsel for the petitioner that order under the Wilkinson Rules assailed in the present Writ Petition has to be tested in view of the recommendation made by Full Bench of the then Patna High Court in the case of Mora Ho. vs. State of Bihar and Others, reported in AIR 2000 Pat 101 (FB) corresponding (2000) 1 PLJR 692 (FB) whereby the Full Bench has held that the Wilkinson Rules are continued to be followed in the administration of civil justice of Kolhan area till suitable rules/ regulations in place of those rules have been framed by the Government. The State Government shall do the needful in this regard within a period of three months from the date of receipt of a copy of this judgment.

Considering the same, State is directed to file affidavit/ counter-affidavit in compliance of order passed by Full bench, as referred above.

List this case after filing of affidavit/ counter-affidavit.

(Kailash Prasad Deo, J .) Sandeep/