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Jharkhand High Court

State Of Jharkhand Thr. Its Ci vs Smt. Annapurna Devi & Ors on 8 October, 2012

Author: Prakash Tatia

Bench: Chief Justice, Jaya Roy

IN THE HIGH COURT OF JHARKHAND AT RANCHI
          L.P.A. No. 244 of 2012

State of Jharkhand                     ...   Appellant
                   Versus
Smt. Annapurna Devi & others           ...   Respondents
                   -------
CORAM:     HON'BLE THE CHIEF JUSTICE
           HON'BLE MRS. JUSTICE JAYA ROY
                  ------
For the Appellant   : J.C. to S.C.-III
For the Respondents : Mr. Saurabh Arun, Advocate.

                       ------
Order No. 05                    Dated 8th October, 2012

     The defects are ignored.

I.A. No. 2608 of 2012

      Heard learned counsel for the parties on application

for condonation of delay.

     In view of the reasons stated in the application, delay

is condoned.

     I.A. No. 2608 of 2012 stands disposed of.

L.P.A. No. 244 of 2012

     Heard on merit.

     The learned Single Judge has disposed of the writ

petition being W.P.(C) No. 283 of 2011 vide order dated

25.01.2011

and has given direction to follow the decision given in W.P.(C) No. 4895 of 2007 which was decided on 31st March, 2008 and do the needful and accept the rent in the light of such decision.

We are of the considered opinion that the order dated 31st March, 2008 passed in W.P.(C) No. 4895 of 2007 has attained finality and in that situation, there is no illegality in the order passed by the learned Single Judge. The L.P.A., having no merit, is dismissed and consequently the stay petition being I.A. No. 2609 of 2012 is also dismissed.

(Prakash Tatia, C.J.) (Jaya Roy, J) Birendra/