Citation : 2025 Latest Caselaw 152 Jhar
Judgement Date : 5 May, 2025
2025:JHHC:13523-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 148 of 2024
Smt. Siddhi Singh, aged about 43 years, wife of Sri Binay Shankar
Singh, resident of 169/2/2, Road No.6, Adityapur, P.O. and P.S.
Adityapur, District Seraikella Kharsawan, Jharkhand
... ... ... ... ... ... Appellant
Versus
1. The Jharkhand Industrial Area Development Authority, Adityapur
Region through its Regional Director, P.O. & P.S. Adityapur, District
Seraikella Kharsawan, Jharkhand.
2. Regional Deputy Director, Adityapur Industrial Area Development
Authority, Adityapur Region, P.O. & P.S Adityapur, District Seraikella
Kharsawan, Jharkhand.
3. Smt. Asha Agarwal wife of Late Sheo Agarwal
4. Aayush Agarwal son of Late Sheo Shankar Agarwal
Sl. No. 3 & 4 both are residents of 203 Ashiana Centre, P.O. &
P.S. Adityapur, District Seraikella Kharsawan, Jharkhand.
... ... ... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Appellants: Mr. Indrajit Sinha, Advocate Mr. Ankit Vishal, Advocate For Resp. Nos. 1-2: Mr. R.C.P. Sah, Advocate Mr. C.A. Bardhan, Advocate For Resp. Nos. 3-4 Mr. Pratiush Lala, Advocate
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06/Dated: 05.05.2025
1. I.A. No. 5531 of 2024 filed for condonation of delay of 26 days in
filing the Appeal is allowed since it is not opposed by the counsel for the
respondents.
2. Heard both sides.
3. This Appeal is preferred against the judgment dt. 26.02.2024 in
W.P.(C) No. 3021 of 2022 of the learned Single Judge.
4. The appellant had filed the Writ Petition challenging an order dt.
02.06.2022 of the Regional Director, Jharkhand Industrial Area
Development Authority, Adityapur, and after filing the Writ Petition he
had also availed of the remedy of Appeal before the Secretary,
Department of Industries, Government of Jharkhand. The said Appeal
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was numbered as Appeal No. 23 of 2022 and was dismissed on
30.01.2024 contained in Memo dt. 20.02.2024.
5. While dismissing the Writ Petition, the learned Single Judge did
not give liberty to the appellant to challenge the order of the appellate
authority passed on 30.01.2024 contained in Memo dt. 20.02.2024. To
the extent the learned Single Judge has not granted such liberty, the
appellant has preferred this Appeal.
6. Since the Appeal preferred by the appellant to the Secretary,
Department of Industries, Government of Jharkhand being Appeal No.
23 of 2022 was dismissed on 30.01.2024 contained in Memo dt.
20.02.2024, during pendency of the Writ Petition, the learned Single
Judge ought to have granted liberty to the appellant to challenge the
said order passed by the appellate authority.
7. Therefore, to that extent the order of the learned Single Judge dt.
26.02.2024 in W.P.(C) No. 3021 of 2022 is modified, and liberty is
granted to the appellant to challenge the said order dt. 30.01.2024
contained in Memo dt. 20.02.2024 of the Secretary, Department of
Industries, Government of Jharkhand in Appeal No. 23 of 2022 by way
of separate Writ Petition. No costs.
(M. S. Ramachandra Rao, C.J.)
(Rajesh Shankar, J.)
APK/VK
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