Citation : 2024 Latest Caselaw 10134 Jhar
Judgement Date : 24 October, 2024
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 280 of 2024
Julain Kerketta son of Late Beronica Kerketta, Aged 45 years,
resident of Village Saldega, P.O.+ P.S.- Simdega, District- Simdega
... ... Appellant
Versus
1. The State of Jharkhand
2. The Land Reform Deputy Collector, P.O. + P.S.- Simdega, Dist.:
Simdega
... ... Respondent/Respondents
3. David Kharia @ David Bilung son of Imlush Kharia, residence of
Village Saldega, P.O. + P.S.- Simdega, District- Simdega
... ... Petitioner/Respondent
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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Appellant: Mr. Shobhakar Mishra, Advocate For the Respondents: Mrs. Moushmi Chatterjee, A.C. to G.A.-V
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05/Dated: 24.10.2024
1) This application has been filed condonation of delay of 41 days
in filing this appeal challenging the order of the learned Single Judge
in W.P. (C) No. 4025 of 2023.
2) Mrs. Moushmi Chatterjee, learned A.C. to G.A.-V representing
the respondents-State, raises no objection to the condonation of said
period of delay.
3) Therefore, this application is allowed and delay in filing the
appeal is condoned.
4) Heard the parties. 5) Since the appellant has challenged the order dated 19.03.2024
in W.P. (C) No. 4025 of 2023 of the learned Single Judge, and in the
said order there is no adjudication of rights of the parties, the said
-1 of 2- order is not in the nature of a "judgment" which can be challenged
under the Letters Patent jurisdiction covered by Clause 10 of the
Letters Patent.
6) Therefore, we hold that this appeal is not maintainable and it is
accordingly dismissed. There shall be no order as to costs.
7) Pending Interlocutory Application, if any, stands disposed of.
(M.S. Ramachandra Rao, C.J.)
(Deepak Roshan, J.) Manoj/Pramanik/Cp.2
-2 of 2-
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