State Of Jharkhand vs Rajeev Kumar Thakur
2023 Latest Caselaw 1292 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  L.P.A No. 499 of 2022
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 1. State of Jharkhand
 2. Secretary, Department of Revenue, Registration & Land Reforms, Govt. of
 Jharkhand, Ranchi
 3. Secretary, Department of Tourism, Art Culture, Sports & Youth Affairs, Govt.
 of Jharkhand, Ranchi                          ..... .....        Appellants
                       Versus
1. Rajeev Kumar Thakur
2. Sanjay Kumar Thakur
3. Ajay Kumar Thakur
4. Deputy Commissioner, Deoghar
5. District & Land Acquisition Officer, Deoghar ..... .....         Respondents
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CORAM        :        SRI SANJAYA KUMAR MISHRA, C.J.
                            SRI ANANDA SEN, J.
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For the Appellants               : Mr. Sachin Kumar, AAG-II
                                   Mr. Gaurav Raj, AC to AAG-II
For the Respondents       : Mrs. Jasvindar Mazumdar, Advocate
                                         ------

03 /Dated: 23.03.2023
      Upon hearing the learned counsel for the parties, this Court passed the
following, (Per. Sanjaya Kumar Mishra, C.J.)
                                       ORDER

2. State of Jharkhand & Others assailed the order passed by the learned Single Judge on 5th September, 2022 in W.P(C) No. 5109 of 2007 whereby a direction was given to the Chief Secretary, Govt. of Jharkhand to initiate a proceeding against the Under Secretary, Department of Tourism, Govt. of Jharkhand, for his callous attitude in filing the counter-affidavit before the court in accordance with law, as the affidavit is fatal (Sic). The learned Single Judge further observed that the departments are not taking assistance from the Law Department and filing affidavit contrary to the law and the judgment passed by the Hon'ble Apex Court.

3. However, it has been brought to the notice in the ultimate analysis of the writ application filed by the private respondents (herein) that the prayer made by the petitioner was denied by the learned Single Judge. In that view of the matter, we are of the considered opinion that no purpose would be served by directing the Chief Secretary, Government of Jharkhand to initiate any proceeding against the Under Secretary, Department of Tourism, Govt. of Jharkhand. However, the fact which should be kept in mind that in future litigation and in all cases where counter- affidavits are required to be filed by the different departments appropriate legal advice should be taken from experts.

4. With the aforesaid observation, Letters Patent Appeal is allowed.

5. The order dated 05.09.2022 passed by the learned Single Judge in W.P (C) No. 5109 of 2007 is set aside.

6. All pending Interlocutory Applications stand disposed of.

7. No orders as to costs.

8. Grant urgent certified copy of this order as per the Rules.

(Sanjaya Kumar Mishra, C.J.)

(Ananda Sen, J.) N.A.F.R.

Anjali/Madhav/-