Jharkhand High Court
The State Of Jharkhand & Anr vs Lava International Limited on 9 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Letters Patent Appellate Jurisdiction)
L.P.A. No. 290 of 2022
The State of Jharkhand & Anr. ......Appellants
Versus
LAVA International Limited ....... Respondent
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellants : Mr. P.A.S. Pati, GA-II
For the Respondent : None
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Order No. 04 / Dated: 9th February 2023
I.A. No. 1381 of 2023
This application has been filed seeking condonation of delay of
44 days in preferring this Letters Patent Appeal.
In this application, on behalf of the State of Jharkhand the
following statements have been made:
"6. That the appellants state that on 21.06.2022 grounds of
appeal was drafted and was sent for approval but the same was
returned with certain objections on 04.07.2022.
7. That the appellants state that thereafter final vetted and
approved draft with particulars was received by the office of the
conducting counsel.
8. That the appellants state that post receipt of the original
records and files, the Letter Patent Appeal was finalised and filed
before the Hon'ble Court on 18.07.2022.
9. That after completing all the procedures the present
Letters Patent Appeal was filed on 18.07.2022. However, by that
time a delay of approximately 44 days has occurred."
Normally, the Courts do not entertain the application for
condonation of delay in absence of the opposite party/respondent. However,
having regard to the facts and circumstances in the case, we are inclined to
condone the delay of 44 days in preferring the present Letters Patent Appeal
and, accordingly, I.A. No. 1381 of 2023 is allowed.
I.A. No. 1380 of 2023
This application has been filed seeking stay of the writ Court's
order dated 6th May 2022 passed in WP(C) No.5249 of 2021.
On a glance at the order dated 6th May 2022 passed in WP(C)
No.5249 of 2021, it appears that on behalf of the State of Jharkhand an
alternative plea was put forth before the writ Court that the respondent no.2
may be permitted to proceed in the matter by issuing a fresh show-cause
notice to the writ petitioner.
This plea has been supported by the State of Jharkhand on the
basis of the judgment in "State of Jharkhand & Ors. v. Sponge Iron Ltd."
2021 SCC Online SC 997.
However, the writ Court did not accede to the aforesaid plea
and quashed the order of blacklisting dated 15th December 2021 observing
that the respondents have already disclosed their mind in the notice dated
20th August 2020 and, therefore, there is every possibility that on giving
fresh chance to the respondents they may proceed against the writ petitioner
with a prejudiced mind.
We are prima facie not satisfied with the aforesaid observations
of the writ Court inasmuch as there cannot be a presumption raised in law
that the authority may proceed in the matter with a prejudiced mind and,
therefore, the writ Court shall itself exercise the powers of the
administrative authority - prejudice is antithesis to natural justice. Even if a
presumption may be raised that the authority may act with a prejudiced
mind the writ Court should not scuttle any decision which the litigant thinks
may go against him.
Having regard to the aforesaid facts and circumstances in the
case, there shall be ad-interim stay of the order 6 th May 2022 passed in
WP(C) No.5249 of 2021.
L.P.A. No. 290 of 2022
Issue notice to the respondent on main matter as well as in
I.A. No. 1380 of 2023 for which requisites etc. under registered cover with
A/D as well as by ordinary process must be filed within one week.
Post the matter on 15th March 2023.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
R.K.
