Motai Ho And Ors vs Commissioner
2026 Latest Caselaw 602 Jhar

Jharkhand High Court

Motai Ho And Ors vs Commissioner on 2 February, 2026

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                CWJC No. 2877 of 1999 (R )

                       Motai Ho and Ors.                        ...      ...      Petitioners
                                           Versus
                       Commissioner, South Chotanagpur Division Ranchi and Ors.
                                                      ...        ...       Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioners : Mr. Pandey Neeraj Rai, Advocate : Mr. Kumar Rahul, Advocate : Mr. Arpit Khandelwal, Advocate : Mr. Harshit Ranjan Prasad, Advocate For the Private Respondent: Mr. R.P. Gupta, Advocate For the State : Mr. Vineet Prakash, AC to SC IV

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32/02.02.2026 Hearing of this case has commenced.

2. During the course of hearing, the judgement passed by Hon'ble Patna High Court, Ranchi reported in AIR 2000 Patna 101 (Full Bench) "Mora Ho Vs. State of Bihar and Ors." has been placed and the attention of this Court has been drawn to paragraph 28 of the said report. The learned counsel for the petitioners has submitted by a majority view, the finding has been held to be prospective in nature.

3. The learned counsel submits that the orders impugned in the present case have already been passed prior to the aforesaid judgement and essentially the power of the Commissioner to pass the impugned order is subject matter of consideration on the point of jurisdiction.

4. The learned counsel submits that the case is governed by Wilkinson Rules.

5. The learned counsel for the respondents prays that the matter be posted tomorrow so that he may prepare himself.

6. Post this case tomorrow i.e. on 03.02.2026.

(Anubha Rawat Choudhary, J.) 02.02.2026 Saurav/