High CourtsSingle Bench(2021) 06 JH CK 0018

Sudama Prasad & Ors vs State Of Jharkhand And Anr

Jharkhand High Court · Decided on 11 June 2021

HON’BLE JUDGES
Deepak Roshan, J
CASE NUMBER
Cont. Case (Civil) No.103 Of 2021

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

14 paragraphs · 240 words

Deepak Roshan, J

1.

Heard learned counsel for the parties through V.C.

2.

Mr. Sumeet Gadodia, learned counsel for the petitioner submits that though the reasoned order has been passed however by looking to the aforesaid

order it would transpires that the competent authority has taken the same ground what was taken in the counter affidavit and practically passed a

fresh order by setting aside the order dated 13.10.2020 passed in the writ application. He further submits that the party was enjoying stay throughout

the pendency of the writ application as such stay of Annexure-5 is necessary otherwise the petitioner will face irreparable loss and injuries.

3.

Mr. Ashok Kumar Yadav, learned counsel for the State submits that he would file show-cause reply within a period of three weeks, however he

could not answer as to whether any appeal has been filed against this writ application or not.

4.

Having regard to the facts of the case the reasoned order as contained in Memo No.151 dated 22.01.2021 (Annexure-5) shall remain stayed till the

next date of hearing.

5.

Further, learned counsel for the State is directed to file the show-cause reply giving specific assertion as to whether any appeal has been filed

against the order dated 13.10.2020 or instead of filing an appeal they have passed the reasoned order and restored the impugned order dated

11.07.2013 which was already quashed by this Court.

6.

Put up this case on 09.07.2021.