Uday Shankar Paul vs The State Of Jharkhand
2023 Latest Caselaw 4535 Jhar

Jharkhand High Court

Uday Shankar Paul vs The State Of Jharkhand on 13 December, 2023

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

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           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         W.P.(C) No. 5421 of 2021
                                  ----------
  Uday Shankar Paul, aged about 68 years, s/o Late Nirmal Kumar Paul, r/o
  Patharkothi, P.S. Bank More, P.O. Dhanbad, District-Dhanbad.
                                                          ... ... Petitioner
                                 Versus
  1. The State of Jharkhand.
  2. The Deputy Commissioner, Dhanbad, P.O. and P.S. Dhanbad, District-
     Dhanbad.
  3. The Sub-Divisional Officer, Dhanbad, P.O. and P.S. Dhanbad, District-
     Dhanbad.
  4. The Circle Officer, Baghmara Anchal, P.O. and P.S. Baghmara,
     District-Dhanbad.
  5. The Settlement Officer, Dhanbad, having office at Baramuri, P.O. B-
     Polytechnic, P.S. Dhanbad, District-Dhanbad.
                                                           ... ... Respondents
                                   -------
  CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
                                   -------
  For the Petitioner  : Mr. Rahul Kr. Gupta, Advocate
                        Mr. Lukesh Kumar, Advocate
  For the Respondents : Ms. Rishi Bharti, AC to AAG-III
                        Mr. Sahbaj Akhtar, AC to AAG-III
                         ----------------------------

ORAL ORDER

06/Dated: 13th December, 2023.

1. The writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the order passed by the Revenue Authority is under challenge by which the application filed under Section 87 of the Chhotanagpur Tenancy Act has been dismissed for non-prosecution.

2. In course of argument, Mr. Rahul Kumar Gupta, learned counsel assisted by Mr. Lukesh Kumar, learned counsel for the petitioner has submitted that for the same piece of land, title suit was decided being Title Suit No. 76 of 2006 in which the decree has been passed in favour of the petitioner.

The said decree has been affirmed under the first appellate jurisdiction by this Court vide judgment passed in First Appeal No. 43 of 2012.

3. It has been submitted that against the judgment passed in First Appeal No. 43 of 2012, the aggrieved party has approached to the Hon'ble Apex Court by filing S.L.P. which is now pending.

4. Learned counsel for the petitioner has submitted that in the light of the same, the writ petition may be allowed to be withdrawn and depending upon the outcome of the said S.L.P. being S.L.P. (Civil) Diary No. 27920 of 2023, liberty may be reserved to the petitioner to approach this Court for ventilating his grievance.

5. There is no objection to such submission on behalf of the respondent- State.

6. Considering the same, the writ petition is allowed to be withdrawn with the liberty aforesaid.

7. Accordingly, the instant writ petition stands disposed of.

(Sujit Narayan Prasad, J.) Saurabh/-