Sunil Prasad And Ors vs State Of Jharkhand And Ors
2023 Latest Caselaw 51 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                  W.P.(C) No. 3020 of 2006

                  Sunil Prasad and Ors.                          ...     ...      Petitioners
                                           Versus
                  State of Jharkhand and Ors.
                                                          ...        ...        Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioners : Mr. Ayush Aditya, Advocate For the Respondents : Mr. Ratnesh Kumar, S.C. (L&C) I

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14/03.01.2023 Learned counsels for the parties are present.

2. Learned counsel for the respondents submits that this case has been handed over to him to argue from the side of the State, but he has also been a counsel for the petitioner and therefore, the file is required to be handed over to another counsel and accordingly, he seeks adjournment.

3. Learned counsel for the petitioners while placing the case has submitted that a very short point is involved in the present case. The learned counsel submits that by the impugned order, the settlement made in favour of the petitioners under Section 63A of the Chotanagpur Tenancy Act has been cancelled primarily on the ground that the Sub - Divisional Officer, Latehar was not competent to grant such settlement. He submits that the impugned order is a cryptic order and the same has not taken note of the Circular issued by the Government dated 16.05.1994 (Annexure - 1). He has also submitted that the point involved in this case is squarely covered by the judgments passed by Hon'ble Division Bench in L.P.A No.186 of 2004 and L.P.A No.139 of 2004 decided on 22.12.2004 wherein, the matter was remanded for fresh consideration.

4. Considering the fact that another Advocate has to be engaged from the side of the respondents, the matter is adjourned and directed to be posted day after tomorrow i.e., on 05.01.2023 under the heading for Final Disposal.

(Anubha Rawat Choudhary, J.) Saurav/