Jharkhand High Court
Bihar State Housing Board & Or vs Amarjeet Singh Mehta & Anr. on 11 July, 2011
Author: Prashant Kumar
Bench: Prashant Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No. 209 of 2005
Bihar State Housing Board ( Now Jharkhand State Housing
Board) having its head Office at Ranchi and Branch Office at
Adityapur, Jamshedpur & others ... ....Appellants
Vs.
Amarjeet Singh Mehta and another .... ....Respondents
CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
For the Appellants: M/s. I. Sen Choudhary
For the Respondents: Mr.
6/11.07.2011: This appeal will be heard on the following substantial question of law.
" Whether in the absence of any pleading and prayer made by the plaintiff in the plaint, is it open for the courts below to hold that the suit land was not validly acquired in a land acquisition proceeding in the year 1964-65."
The appellants given liberty to raise other substantial question of law at the time of final hearing.
Issue notice to Respondent no. 1 through registered post with A/D as well as by ordinary process for which requisites etc. must be filed within one week, failing which this memo of appeal, as against the concerned respondent shall stand dismissed without further reference to a Bench.
Counsel for the appellant is directed to serve notice upon the Advocate General with regard to the service of notice on Respondent no. 2.
Call for the Lower Courts Record.
( Prashant Kumar,J.) Sharda/-