Jharkhand High Court
The State Of Jharkhand & Ors vs Smt. Surjee Devi & Ors on 9 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Letters Patent Appellate Jurisdiction)
L.P.A. No. 267 of 2022
The State of Jharkhand & Ors. ......Appellants
Versus
Smt. Surjee Devi & Ors. ....... Respondents
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellants : Mr. Ashish Kr. Thakur, AC to AAG-III
For the Respondents : None
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Order No. 04 / Dated: 9th February 2023
I.A. No. 406 of 2023
This application has been filed seeking condonation of delay of
82 days in preferring this Letters Patent Appeal.
In this application, on behalf of the State of Jharkhand the
following statements have been made:
"10. That it is further stated that the Additional Collector vide its
endorsement dated 19.04.2022 proposed that the approved
statement of facts could be sent to the office of the Learned
Advocate General and the Circle Officer, Ratu, Ranchi may be
authorized for the filing of the Letters Patent Appeal.
11. That it is stated that the statement of facts and concerned file
was placed before the Deputy Commissioner, Ranchi on the same
day i.e. 19.04.2022 who raised a query as to whether any
departmental approval has been taken for filing the Letters Patent
Appeal against the judgment dated 16.02.2022.
12. That it is further stated that the Additional Collector, Ranchi
made a proposal vide it note dated 21.04.2022 that the statement
of fact may be send to the Revenue, Registration & Land Reforms
Department, Government of Jharkhand, Ranchi for the necessary
approval and the said proposal was approved by the Deputy
Commissioner, Ranchi on 22.04.2022.
13. That it is further stated that the statement of fact was then
sent to the Revenue, Registration & Land Reforms Department,
Government of Jharkhand, Ranchi for necessary approval.
14. That it is stated that after getting the necessary approval,
the concerned file was sent to the office of the Learned Advocate
General on 02.06.2022."
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 82 days in preferring the
present Letters Patent Appeal and, accordingly, I.A. No. 406 of 2023
is allowed.
I.A. No. 405 of 2023
This application has been filed seeking stay of the writ Court's
order dated 16th February 2022 passed in WP(C) No.3351 of 2008.
Having regard to the facts and circumstances in the case, there
shall be ad-interim stay of the order dated 16th February 2022 passed in
WP(C) No.3351 of 2008.
L.P.A. No. 267 of 2022
Issue notice to the respondents on main matter as well as in
I.A. No. 405 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 in the third Week of March, 2023.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
R.K.
