The State Of Jharkhand And Others vs Manti Devi @ Manti Singh
2023 Latest Caselaw 302 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 (Letters Patent Appellate Jurisdiction)

                           L.P.A No. 640 of 2022

The State of Jharkhand and others                              ...... Appellants
                            Versus
Manti Devi @ Manti Singh                                   .... ... Respondent


CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
        HON'BLE MR. JUSTICE RATNAKER BHENGRA


For the State of Jharkhand : Ms. Surabhi, AC to AAG-II
                              Mr. Gaurav Raj, AC to AAG-II
For the Respondent          : None
                          ---------

th Order No. 04 /Dated: 17 January 2023

I.A Nos.11764 of 2022 and 337 of 2023 I.A No. 11764 of 2022 has been filed for staying the impugned order dated 22nd March 2022 passed in W.P(S) No. 5899 of 2009 and I.A No.337 of 2023 has been filed for condonation of delay in filing the L.P.A No.640 of 2022.

There seems to be an objection as to maintainability of the present Appeal indicated in the Stamp Reporting, which shall be looked into on the next date of hearing.

Ms. Surabhi, the learned counsel for the State of Jharkhand submits that the order passed by the writ Court suffers from serious jurisdictional error inasmuch as the benefit of the beneficial scheme/programme of the State of Jharkhand has been ordered to be given to hardened criminals.

Ms. Surabhi, the learned Associate Counsel further submits that the principle which may be applicable in criminal jurisdiction to extend benefit of a judgment of the Court has been transported in the civil proceeding by the writ Court and on account of such error a direction to grant ex-gratia compensation of Rs.5 lakhs has been ordered in favour of a non-applicant.

Issue notice to the sole respondent in I.A No.11764 of 2022 and I.A No.337 of 2023 as also in the main matter under registered cover with

A/D as well as by ordinary process, for which requisites etc. must be filed within one week.

Having regard to the aforesaid issue which definitely is a contentious issue, there shall be ad-interim stay of the direction issued by the writ Court vide order dated 22 nd March 2022, till final disposal of the present Letters Patent Appeal.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.)

sudhir