Anand Kumar Deo vs The State Of Jharkhand & Ors
2022 Latest Caselaw 1215 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       (Civil Writ Jurisdiction)
                      W.P.(C) No. 3365 of 2011
                              ........

Anand Kumar Deo                                   ..... Petitioner
                            Versus
The State of Jharkhand & Ors.                    .... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............

For the Petitioner                : None
For the respondents/State         : Mr. Satyam Parmar, A.C. to
                                    Mrs. Neelam Tiwary, Sr. S.C.-II
                                    ..........
07/28.03.2022.

Nobody appears on behalf of the petitioner.

However, learned counsel for the respondents /State, Mr. Satyam Parmar, A.C. to Mrs. Neelam Tiwary, Sr. S.C.-II is present.

It appears that the writ petition has been filed on 23.06.2011. Thereafter, the matter was listed on 09.08.2011 before the Co-ordinate Bench of this Court and interim order has been granted as any order in the meantime shall be subject to the decision of the writ petition.

Thereafter, in terms of order dated 17.11.2011 the Co-ordinate Bench of this Court ordered that meanwhile no third party interest will be created.

Thereafter, the matter came up before this Hon'ble Court on 23.03.2022 when on the instruction of learned counsel for the petitioner, Mr. Birendra Burman, adjournment has been sought by one of the counsel.

Today, when this matter is taken up, nobody appears on behalf of the petitioner. In presence of learned counsel for the respondents / State and after perusal of the writ petition, this Court is disposing of the present writ petition.

The writ petition has been preferred by the petitioner, Anand Kumar Deo for grant of writ in the nature of mandamus, restraining the respondent authorities to act upon in pursuance of the decision, taken by the respondent authorities for allotting the mining and supply of coal from the Jogeswar & Khas Jogeshwar Coal Mines in favour of third party by issuance of notice inviting tender.

It has also been prayed to issue writ in the nature of mandamus, commanding upon the respondents to forthwith permit the petitioner to carry out the mining operation and supply of coal from the Jogeswar &

Khas Jogeswar Coal Mines, in pursuance of the contract, executed in pursuance of the contract, executed on 06.03.1985, which has been declared as valid contract in the judgment, delivered by the learned Sub- Judge-V, Hazaribagh in Title Suit No.07/1987 vide Judgment dated 25.04.2008.

It appears that present writ petition is being filed for execution of judgment dated 25.04.2008 under the writ jurisdiction, which is not maintainable before this Court as the judgment is to be executed by an Executing Court not under Article 226 of the Constitution of India.

Accordingly, the instant writ petition is hereby dismissed. I. A. No.2184/2011 and I.A. No.2311/2012 stands closed.

(Kailash Prasad Deo, J.) Jay/