IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 1180 of 2011
Ranjit Singh Munda ..... Petitioner
Versus
The State of Jharkhand & Others ..... Respondents
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CORAM: HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
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For the Petitioner - Mr. Suresh Kumar Singh
For the Respondents - Mr. G.P-I
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3/19.9.2011
In this writ petition, the petitioner has prayed for quashing the order dated
24.12.2010 passed by the L.R.D.C, Ranchi (respondent No.3) in Misc. Case No.
867/2002-03. It has been stated that the said order has been passed by the
respondent No.3 without taking into consideration the order of this Court dated
13.1.2011 in which the writ petition filed by the petitioner was disposed of directing the
respondent No.3-L.R.D.C, Ranchi to decide the matter preferably within a period of
two months. It has been submitted by learned counsel for the petitioner that the
impugned order was passed by the L.R.D.C in the petitioner’s absence before the
disposal of the writ petition and as such the impugned order is wholly illegal and
without jurisdiction.
A counter affidavit has been filed by the respondents contesting the writ
petition. It has been stated, inter alia, that the case was disposed of by the respondent
No.3 before the direction of this Court. The petitioner had approached this Court for a
direction for early disposal of the said case. The L.R.D.C without waiting for the order
of this Court already heard and decided the matter by the impugned order dated
24.12.2010, much before the communication of the order dated 13.1.2011 passed by
this Court in W.P.(C) No. 6554/2010. The grievance of the petitioner is strange and is
not entertainable. The writ petition is also not maintainable in view of the fact that the
petitioner has got statutory remedy of appeal against the impugned order.
I have heard learned counsel for the parties and considered the facts and
materials on record. The petitioner had earlier filed writ petition being W.P.(C) No.
6554/2010 before this Court praying for a direction on the respondent No.3 to dispose
of the case pending before the respondent No.3. The said writ petition was disposed
of by order dated 13.1.2011 of this Court directing the respondent No.3-L.R.D.C,
Ranchi to decide the matter within a period of two months. It is an admitted position
that the L.R.D.C, Ranchi disposed of the case by order dated 24.12.2010 much before
the communication of the order dated 13.1.2011 of this Court passed in W.P.(C) No.
6554/2010. Since the case was disposed of before the order dated 13.1.2011 was
passed by this Court, there was no effect of the direction given by this Court in the
said writ petition. The order dated 13.1.2011 was passed, as no information was given
by the petitioner about the disposal of the case by the L.R.D.C, Ranchi. Further, that
the petitioner has got statutory remedy of appeal against the impugned order of the
L.R.D.C, Ranchi. I, therefore, find no ground to interfere with the impugned order.
This writ petition is, accordingly, dismissed.
S.K (NARENDRA NATH TIWARI, J)