The State Of Jharkhand & Ors vs The Consultants Cooperative ...
2023 Latest Caselaw 690 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                (Letters Patent Appellate Jurisdiction)
                       L.P.A. No. 266 of 2022

The State of Jharkhand & Ors.                                            ......Appellants
                                            Versus
The Consultants Cooperative Swablambi Housing Society Limited
                                                     ....... Respondent
                             ---------------

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 Respondent : None

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Order No. 07 / Dated: 9th February 2023

I.A. No. 403 of 2023 This application has been filed seeking condonation of delay of 75 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 14.03.2022.

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 75 days in preferring the present Letters Patent Appeal

and, accordingly, I.A. No. 403 of 2023 is allowed.

I.A. No. 404 of 2023 This application has been filed seeking stay of the writ Court's order dated 14th March 2022 passed in WP(C) No.4276 of 2010.

We have gone through the order passed by the writ Court and do not find any reason to stay the order dated 14 th March 2022 passed in WP(C) No.4276 of 2010.

Accordingly, I.A. No. 404 of 2023 is dismissed. L.P.A. No. 266 of 2022 Post this matter on 16th February 2023 under the heading "Final Disposal".

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) R.K.