Jharkhand High Court
State Of Jharkhand & Ors vs K.N.Farms And Industries Pvt.L on 7 January, 2015
Author: D.N. Patel
Bench: D.N. Patel, Pramath Patnaik
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 293 of 2011
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1. State of Jharkhand through Deputy Commissioner, East Singhbhum, P.O. and P.S. Jamshedpur, District: East Singhbhum
2. Secretary, Welfare of Government of Jharkhand, Project Building, P.O. and P.S. H.E.C. Town Ranchi, District: Ranchi
3. District Land Acquisition Officer, East Singhbhum, P.O. and P.S. Jamshedpur, District: East Singhbhum
4. District Welfare Officer, East Singhbhum, P.O. and P.S. Jamshedpur, District: East Singhbhum.
... .. ... ... ... Appellants
Versus
K.N. Farms and Industries Pvt. Ltd. Galudih, Ghatshila, East Singhbhum, P.O. Mahulia, P.S.: Ghatshila, District: East Singhbhum ... Respondent
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CORAM: HON'BLE MR. JUSTICE D.N. PATEL HON'BLE MR. JUSTICE PRAMATH PATNAIK
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For the Appellants : Mr. Atanu Banerjee, G.A. Mr. D.C. Mishra, J.C. to G.A. For the Respondent : Mr. A.K. Sahani, Advocate.
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14/Dated: 7 January, 2015 th Per D.N. Patel, J.:
Counsel for the appellants-State of Jharkhand submitted that the very basis, upon which, the Civil Review No. 23 of 2008 is decided is no more in existence because Hon'ble the Supreme Court upset the order passed in W.P.(C) No. 6793 of 2006 vide order dated 30.03.2012 in Civil Appeal No. 3203 of 2012, which is at Annexure A to the supplementary affidavit filed by the State.
2. Counsel for the respondent, Mr. A.K. Sahani submitted that it is true that the order passed in W.P.(C) No. 6793 of 2006 has been quashed and set aside by Hon'ble the Supreme Court in Civil Appeal No. 3203 of 2012.
3. Having heard learned counsel for both the sides and looking into the facts and circumstances of the case, it appears that the impugned order passed in Civil Review is based upon an order passed by the learned Single Judge in another writ petition, being W.P.(C) No. 1546 of 2005 but the order passed in the said writ petition was challenged in L.P.A by the State and the said L.P.A was dismissed by the Division Bench of this Court.
Thereafter, the State of Jharkhand carried the order passed in W.P.(C) No. 1546 of 2005 as well as the order passed in L.P.A. No. 567 of 2009 in S.L.P. before Hon'ble the Supreme Court. This S.L.P. was allowed and was converted in Civil Appeal No. 3203 of 2012 by Hon'ble the Supreme Court and the Civil Appeal was allowed vide order dated 30.03.2012 by Hon'ble the Supreme Court. The said order is at Annexure-A to the supplementary affidavit filed by the State of Jharkhand.
4. In view of this decision of Hon'ble the Supreme Court, the order passed in Civil Review No. 23 of 2008 dated 24.11.2010 is hereby quashed and set aside.
5. This L.P.A is allowed and disposed of.
(D.N. Patel, J.) (Pramath Patnaik, J.) Alankar/MM/-