Asif G.R. Khan vs Sarabjit Roy And Ors. ... ... Opp. ...
2024 Latest Caselaw 9025 Jhar

Jharkhand High Court

Asif G.R. Khan vs Sarabjit Roy And Ors. ... ... Opp. ... on 6 September, 2024

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   C.M.P. No. 510 of 2024
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   Asif G.R. Khan                         ... ... Petitioner
                          Versus
   Sarabjit Roy and Ors.                       ... ... Opp. Parties/Respondents
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   CORAM: HON'BLE THE ACTING CHIEF JUSTICE
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For the Petitioner : Mr. Bharat Kumar, Advocate Mr. Anshul, Advocate

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th 03/Dated: 06 September, 2024

1. The matter has been heard.

2. Mr. Anshul, learned counsel for the petitioner has appeared through online mode assisted by Mr. Bharat Kumar, learned counsel.

3. The order dated 22.02.2024 passed by the learned District Judge-III- cum-MAVCT, Jamshedpur in Revocation Case No.19 of 2022 has been challenged.

4. Although the issue of maintainability has been raised in the present petition raising that the present petition is not maintainable under Article 227 of the Constitution of India in view of the fact that the order impugned is passed by the Motor Vehicle Tribunal.

5. It has been contended by referring to the judgment rendered by the Hon'ble Apex Court in Life Insurance Corporation of India vs. Nandini J. Shah and Ors., (2018) 15 SCC 356 that on the basis of the principle of persona designata, the petition will be maintainable under Article 227 of the Constitution of India.

6. The argument has been advanced by citing the aforesaid judgment by taking fact as considered therein that in the said case, the appeal which is to be filed under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 which is to be dealt with by the Judicial Officer, i.e., above the rank of District Judge and as such, by taking into consideration the concept of persona designata, the writ petition has been held to be maintainable under Article 227 of the Constitution of India against the order passed by the concerned District Judge under Section 9 of the Act, 1971.

7. It has been submitted by referring the said judgment that herein also the Motor Vehicle Tribunal has also been presided over by the Judicial Officer, as such, the instant petition under Article 227 of the Constitution of India will be maintainable.

8. Learned counsel for the petitioner has submitted that the claim has been filed against the petitioner who is presently residing in the United States of America, as such, a petition was filed for his examination through online mode but the same has been rejected on the ground tat there is no procedure laid down in this regard in the Civil Court Rules, save and except, the examination is to be on commission.

9. Learned counsel has submitted that there is chance of settlement and if the matter will be sent before the JHALSA, then the matter can be resolved.

10. It has been submitted that altogether, total claim of Rs.6,85,476/- has been made along with interest.

11. It has further been submitted that the nature of injury as has been claimed by the claimant is loco motor since meeting with the accident, the victim has sustained injury in his leg resulting into the disability in the nature of loco motor.

12. This Court, considering the submission with respect to the issue of settlement, is of the view that the notice needs to be issued upon the respondent nos. 1 and 2.

13. In view thereof, let notice be issued upon the opposite party nos.1 and 2 both under registered cover with A/D as well as ordinary process, requisites for which to be filed within a week.

14. Notice is made returnable on 25.10.2024.

15. The issue of maintainability will be decided on the next date of hearing.

(Sujit Narayan Prasad, A.C.J.) Saurabh/-