Union Of India Through Captain Sushmita ... vs Ranchi Municipal Corporation And Anr
2024 Latest Caselaw 459 Jhar

Jharkhand High Court

Union Of India Through Captain Sushmita ... vs Ranchi Municipal Corporation And Anr on 16 January, 2024

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

                                  1


 IN THE HIGH COURT OF JHARKHAND                                AT RANCHI
               L.P.A. No. 327 of 2023
                                  With
             I.A. No. 7973 of 2023 & I.A. No. 10665 of 2023
                                 ---------

Union of India through Captain Sushmita Banerjee ... ... Appellant Versus Ranchi Municipal Corporation and Anr. ....... Respondents

With L.P.A. No. 328 of 2023 With I.A. No. 7974 of 2023

---------

Union of India through Captain Sushmita Banerjee ... ... Appellant Versus The State of Jharkhand and Ors. ....... Respondents

---------

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

----------

For the Appellants : Mr. Sunil Kumar, Advocate [in both cases] For the Respondents : Mr. Sumeet Gadodia, Advocate Mr. Shilpi Sandil Gadodia, Advocate Mr. Arpan Mishra, Advocate Mr. Prakhar Harit, Advocate [L.P.A. No. 327 of 2023] Mr. Shailesh Kr. Sinha, Advocate [L.P.A. No. 328 of 2023] For the Resp.-RMC : Mr. L.C.N. Shahdeo, Advocate [in both cases]

-----------

th 06/Dated: 16 January, 2024

1. Learned counsel for the parties have agreed for analogous hearing of both the appeals since both the appeals are against the common judgment passed by the learned Single Judge.

2. The appeals have been listed for passing appropriate order in I.A. No. 10665 of 2023 which has been filed for vacating the order of stay granted by the co-ordinate Bench of this Court vide orders dated 22.11.2023 but the learned counsel for the parties have submitted that both the appeals may be heard finally.

3. Accordingly, this Court has proceeded to hear the appeals on merit.

4. The appeals since are barred by limitation, as such, interlocutory application for condonation of delay has been pressed by the learned counsel for the appellants.

5. Heard Mr. Sunil Kumar, learned counsel for the appellants in both the appeals and Mr. Sumeet Gadodia, learned counsel for the respondents in L.P.A. No. 327 of 2023 and Mr. Shailesh Kr. Sinha, learned counsel for the respondents in L.P.A. No. 328 of 2023.

6. Mr. Sunil Kumar, learned counsel for the appellants in both the appeals has sought for time to file additional affidavit in furtherance to the statements made in the interlocutory applications to improve the pleadings of the delay condonation applications since he has submitted that the interlocutory applications being I.A. No. 7973 of 2023 [in L.P.A. No. 327 of 2023] and I.A. No. 7974 of 2023 [in L.P.A. No. 328 of 2023] have been filed within time but with the web copy of the impugned order, however, after obtaining the certified copy, the same was filed subsequently, hence, office has pointed out delay of 151 days.

7. In view thereof, let these cases be listed on 15.02.2024.

(Sujit Narayan Prasad, J.)

(Pradeep Kumar Srivastava, J.) Saurabh/-