Maheswar Mahto & Ors vs The Union Of India & Ors
2023 Latest Caselaw 299 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    M.A. No. 459 of 2019
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Maheswar Mahto & Ors. .... .... .... Appellants Versus The Union of India & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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     For the Appellants                    : None
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     Order No.04 Dated- 17.01.2023
     I.A. No.2287 of 2020

Perusal of the record reveals that this interlocutory application has been filed with a prayer to ignore the defect no.1 as pointed out by the stamp reporter.

Perusal of the record reveals that the stamp reporter has pointed out the defect no.1 that the case number may be confined to any one of the case by which the appellant is aggrieved. Perusal of this interlocutory application further reveals that it has been averred therein that the instant appeal has been filed against the Judgment and Award dated 26.04.2019 under the Coal Bearing Area (Acquisition & Development) Act, 1957, Ranchi, in common judgment and award passed in Reference Case No. Ref. Case No. 38 of 1999, 40 of 1999, 41 of 1999, 42 of 1999 and 2 of 2000. It has further been averred in this interlocutory application the appellant no.1 is aggrieved by the Judgment and Award dated 26.04.2019 in Ref. Case No. 39 of 1999, the appellant no.2 is aggrieved by the Judgment and Award dated 26.04.2019 in Ref. Case No. 40 of 1999, the appellant no.3 is aggrieved by the Judgment and Award in Ref. Case No. 41 of 1999, the appellant nos. 4 to 10 are aggrieved by the Judgment and Award dated 26.04.2019 in Ref. Case No. 42 of 1999 and the appellant no.11 is aggrieved by the Judgment and Award dated 26.04.2019 in Ref. Case No. 02 of 2000. Hence, it is has been averred that since the appeal has been preferred against the common judgment and award in four reference cases, hence the defect pointed out by the stamp reporter at serial no.1 be ignored.

Considering the aforesaid fact, the defect pointed out by the stamp reporter at serial no.1 is ignored.

Accordingly, this interlocutory application is disposed of.

(Anil Kumar Choudhary, J.) M.A. No.459 of 2019 Issue notice to the respondents in the matter of limitation. The appellants are directed to file requisites for service of notice on the respondents in the matter of limitation by registered post with A/D as well as under ordinary process within four weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks.

List this appeal after receipt of the service report of the notice issued to the respondents.

Sonu-Gunjan/-                                    (Anil Kumar Choudhary, J.)