Shiv Kumar Sharma vs The State Of Jharkhand And Others
2023 Latest Caselaw 1926 Jhar

Citation : 2023 Latest Caselaw 1926 Jhar
Judgement Date : 4 May, 2023

Jharkhand High Court

Shiv Kumar Sharma vs The State Of Jharkhand And Others on 4 May, 2023

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   W.P. (C) No. 4798 of 2021

                    Shiv Kumar Sharma                              ...      ...      Petitioner
                                          Versus
                 The State of Jharkhand and others      ...       ...       Respondents
                                          ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

---

For the Petitioner : A.C. to Mr. R. N. Chatterjee, Advocate For the Respondents : Mr. Varun Prabhakar, A.C. to G.P. III For the DVC : Mr. Srijit Choudhary, Advocate For the Resp. No. 5 : Mr. Sumeet Gadodia, Advocate : Ms. Aanya, Advocate

---

05/04.05.2023 Learned counsel for the parties are present.

2. Learned counsel appearing on behalf of respondent No. 5 has submitted that this writ petition is not maintainable on account of two reasons; firstly the respondent No. 5 is not 'State' within the meaning of Article 12 of the Constitution of India and secondly the nature of relief as sought for by the petitioner appears to be specific performance of agreement between the parties. He has referred to the judgment passed by the Hon'ble Supreme Court reported in 2022 SCC Online SC 247 and 2022 SCC Online SC 249 in support of his submission.

3. Learned counsel for the petitioner submits that he needs to examine this issue and satisfy this court on the point of maintainability of the writ petition. He prays that the matter be posted on 11.05.2023 and he will file an affidavit to satisfy this court on the aforesaid issue.

4. Learned counsel appearing on behalf of respondent No. 2 to 4 has submitted that although they have been made party in the present proceedings but no relief as such has been sought for against respondent Nos. 2 to 4.

5. Post this case on 11.05.2023 under the same heading.

6. The affidavit of the petitioner, if any, be filed by 10.05.2023.

(Anubha Rawat Choudhary, J.) Binit