IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.W.J.C. No. 3565 of 1998 (R)
Kamal Kant Swarnkar ... ... Petitioner
Versus
The State of Bihar & Ors. ... ... Respondents
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CORAM : HON'BLE MR. JUSTICE AJIT KUMAR SINHA
For the Petitioner: Mr. Kundan Kumar Ambastha, Advocate
For the State: Mr. B.N.Tiwary, J.C. to G.P.-II.
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05/ 31.03.2009
. The present writ petition has been preferred for the following reliefs:-
i) For issuance of an appropriate writ in the nature of writ of certiorari
for quashing the order dated 27.11.1998 passed by respondent No. 3
in Certificate Case No. 1 of 1991-92 (Annexure-6) whereby
respondent No. 3 has rejected the objection under section 9 of the Act
filed by the petitioner without considering the direction as given by
this Hon’ble Court,
ii) For quashing the entire proceeding of the Certificate Case No. 1 of
1991-92 as the same has not been conducted according to the
direction of this Hon’ble Court.
The learned counsel has specifically stated that there is jurisdictional
error and thus the order cannot be sustained in the eyes of law. He further
submits that in absence of any agreement or any contract even the claim
otherwise was not maintainable and it was in these background that he
preferred this writ petition.
On reading of the counter-affidavit and also the earlier proceeding, it
appears that this issue has been disputed and in view of the dispute raised
even in the present counter-affidavit, I am not inclined to interfere and it will
be in the interest of justice to direct the petitioner to avail the statutory
appeal wherein he is at liberty to raise the preliminary issue of jurisdictional
error as well as with regard to the maintainability.
After some argument the counsel for the petitioner prays to withdraw
this writ petition with liberty to prefer the statutory appeal and he also prays
that the delay in filing the statutory appeal should also be condoned. He
further prays that till the filing of the statutory appeal no coercive steps shall
be taken. However, thereafter, it will be subject to orders passed by the
Appellate Authority.
This writ petition is accordingly disposed of as withdrawn with the
aforesaid liberty.
D.S. (Ajit Kumar Sinha, J.)