Patna High Court
Maa Jagdamba Enterprises vs The Eastern Railways on 22 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.652 of 2022
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Maa Jagdamba Enterprises through its proprietor Indrajeet Kumar aged about
38 years, G- Male, S/o - Bijay Shankar, resident of Badi Mathiya, Hospital
Road, Arrah, Dist. - Bhojpur.
... ... Petitioner/s
Versus
1. The Eastern Railways through its General Manager / sales3, Koilaghat
Street, Kolkata.
2. The Controller of Stores, Eastern Railway, Jamalpur.
3. The Chief Material Manager/ Sales, Eastern Railways 3, Koilaghat Street,
Kolkata.
4. The Senior Divisional Engineer / C Eastern Railway, Malda.
5. The Dy. Chief Material Manager / Sales, Jamalpur.
6. The Junior Engineer P., Way, Eastern Railway, Sahebganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Ms. Mira Kumari, Advocate
For the Respondent/s : Mr. Anshuman Singh, Sr. Advocate
Mr.Ramadhar Shekhar, (Addl. S.C. Railway)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-02-2022
The petitioner has prayed for the following
relief/s :-
Patna High Court CWJC No.652 of 2022 dt.22-02-2022
Patna High Court CWJC No.652 of 2022 dt.22-02-2022
It is brought to our notice that petitioner has
preferred an appeal, which is yet pending consideration since
long. The appeal is dated 30th of October, 2018.
We see no reason as to why the Appellate Authority
should sit over the matter and not decide the appeal, any which
way, after hearing the parties, in accordance with law.
We notice that the matter pertains to the year 2015,
when the petitioner purchased certain property sold through
public auction. Petitioner claims short supply of the property
purchased through auction sale. We notice that the present
petition was filed in the year 2021.
After the mater was heard for some time, learned
counsel for the petitioner, under instructions, states that the
petitioner shall be content if a direction is issued to the
appellate authority to positively consider and decide the
petitioner's appeal within a time bond period.
Shri Anshuman Singh, learned senior counsel for
the respondents states that he has no objection to the same.
Statement accepted and taken on record.
As such, petition stands disposed of in the
following mutually agreeable terms:-
(a) Petitioner shall make himself available before
Patna High Court CWJC No.652 of 2022 dt.22-02-2022
the Appellate Authority on 09.03.2022 at 10.30 A.M.;
(b) Opportunity shall be granted to the parties to
place on record all essential documents and materials, if so
required and desired;
(c) Petitioner through learned counsel undertakes to
fully cooperate and not take unnecessary adjournment;
(d) The Appellate Authority shall pass a reasoned
and speaking order, within the statutory period, preferably
within a period of two months;
(e) The Appellate Authority shall decide the appeal
on merits, if not already decided, in compliance of the
principles of natural justice;
(f) Copy of the order passed by the Appellate
Authority shall be supplied to the parties;
(g) Equally, liberty reserved to the parties to take
recourse to such other remedies as are otherwise available in
accordance with law;
(h) We are hopeful that as and when petitioner
takes recourse to such remedies, as are otherwise available in
law, before the appropriate forum, the same shall be dealt with,
in accordance with law and with reasonable dispatch;
(i) We have not expressed any opinion on merits
Patna High Court CWJC No.652 of 2022 dt.22-02-2022
and all issues are left open; and
(j) Liberty reserved to the petitioner to assail the
order, before the appropriate forum, should the need so arise
subsequently.
The instant petition sands disposed of in the
aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Ashwini/Sujit
AFR/NAFR
CAV DATE
Uploading Date 25.02.2022
Transmission Date
