IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 6218 of 2009
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Sri Kameshwar Thakur ... ... Petitioner
Versus
Union of India and others ... ... Respondents
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CORAM : HONBLE MR. JUSTICE R. K. MERATHIA
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For the Petitioner : Mr. Kameshwar Thakur (in person)
For the Respondent No. 1 : Mr. Ashok Singh, CGC
For the Respondent Nos. 2 & 3: J. C. to A.G.
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3. 9.2.2010
: It is submitted by Mr. Kameshwar Thakur- the petitioner,
appearing in person that he applied for loan of Rs. twelve lacs in two
installments for study of his son who has competed and is studying in
Indira Gandhi Rashtriya Uran Akademy at Raibarali. He further
submitted that petitioner made representation to several authorities
including the Secretary, Home department, State of Jharkhand, but
he is not received any order passed on that representation till date.
Referring to the memo dated 29 July 2009 (annexure 4), he submitted
that petitioner has deposited third installment of Rs. six lacs which
was to be paid by 11 December 2009 after arranging money from
other person which he has to repay and now he is required to deposit
Rs. six lacs by 1st March 2010, failing which the career of his son will
be at stake. He lastly submitted that all the amounts of the petitioner
lying with the government may be kept as security against such loan.
Counsel for the State as well as Union of India submitted that in
spite of communication, they have not received any instruction in this
matter and in the absence of counter affidavit they are not in a
position to accept or controvert the submission made by the
petitioner. However, they submitted that the matter can be looked
into.
In the circumstances, petitioner is permitted to make a fresh
representation along with a copy of this order before the Home
Secretary and Finance Secretary – Government of Jharkhand. If the
petitioner’s request is legally tenable, necessary orders may be
passed in that regard. If petitioner’s claim is not found tenable, the
reasons thereof should be communicated to him.
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This exercise should be completed as early as possible and
preferably within two weeks from the date of receipt of such
representation.
It is made clear that this Court has not gone into the merits of
the case of the petitioner.
Let a copy of this order be handed over to Mr. Kameshwar
Thakur, as prayed.
With these observations, this writ petition is dispose of.
(R. K. Merathia, J.)
R. Shekhar Cp 2