Prasad Explosives And Chemicals, Ranchi v. State Of Jharkhand
2017-03-09
ANANDA SEN, PRADIP KUMAR MOHANTY
body2017
DigiLaw.ai
ORDER 1. In this L.P.A., the appellant has challenged the order dated 2.03.2017 passed by the learned Single Judge in Writ Petition being W.P.(C) No.240 of 2017 rejecting the I.A. as well as the Writ Petition and disposed of both with a direction to approach the appellate authority, without granting any interim relief. 2. It is mentioned by the appellant that the statutory appeal is pending before the appellate authority and an observation has been made in the final order of Writ Petition that the Appellate Authority would endeavour to consider the appeal on the next day. 3. The appellant submits that since materials are lying within the said area and the gates have been locked by the respondent No.2- RIADA, it is necessary to give some protection to the properties and the materials. He apprehends that the appellant may be dispossessed during pendency of the appeal and the land may be allotted to third party during the pendency of the instant appeal. 4. Mr. C. A. Bardhan, learned counsel appearing for the respondent No.2 vehemently opposed and submits that there is no illegality and infirmity in the impugned order and, therefore, this Court should not interfere with it. 5. Perused the records. Since all the counsels appeared on behalf of the respondents, there is no need to issue notice to the respondents. 6. After hearing, this Court modifies the order dated 2.03.2017 only to the extent that status-quo as on today be maintained till the disposal of the statutory appeal preferred by the appellant. 7. This Court directs the Appellate Authority to dispose of the same as early as possible preferably within two months. 8. Let a copy of the order be handed over to Rajesh Kumar, learned G.P.V appearing for the State for needful. 9. Learned counsel appearing for the appellant undertakes to cooperate with the appellate authority in the instant matter, failing which the Appellate Authority is free to pass final order. 10. Accordingly, the aforesaid LPA stands disposed of. 11. Consequently, I.A. Nos.2079 and 2141 of 2017 also stands disposed of.