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2018 DIGILAW 2341 (JHR)

Lattu Mahto v. State Of Jharkhand

2018-10-24

ANUBHA RAWAT CHOUDHARY

body2018
JUDGMENT Anubha Rawat Choudhary, J. - I.A. No. 9672 of 2018 With I.A. No. 9674 of 2018 Heard Mr. Anil Kumar Sinha, counsel appearing on behalf of the petitioners. 2. Heard Mr. Aditya Raman, counsel appearing on behalf of the respondent-state. 3. Counsel appearing on behalf of the petitioners seeks permission to remove further defects which has been pointed out by the office. He submits that the said defects relates to typed copy of page nos. 68,69 and 90 and he seeks permission to file fresh typed copies of the said pages. 4. Considering the submission made, petitioner is permitted to file fresh typed copies of page nos. 68,69 and 90 and the same are take on record. 5. Counsel for the petitioners submits that the respondents have issued notice dated 06.10.2018 for delivery of possession in connection with the property involved in this case on 25.10.2018. Counsel submits that in view of the situation the petitioners have filed two interlocutory applications i.e. I.A. No. 9672 of 2018 seeking amendment in the writ petition so as to challenge the said notice dated 06.10.2018 and I.A. No. 9674 of 2018 for stay of the aforesaid notice. Counsel submits that considering the urgency of the matter, aforesaid two interlocutory applications may be taken up today itself. 6. To this submission of the petitioner, counsel appearing on behalf of the respondent-state Mr. Aditya Raman, Advocate has no objection and accordingly both the interlocutory applications are being taken up. I.A. No. 9672 of 2018 7. Considering the submission made by counsel appearing on behalf of the petitioners that on account of subsequent development of issuance of notice dated 06.10.2018, I.A. No. 9672 of 2018 has been filed, wherein prayer has been made for amendment of the writ petition so as to challenge the letter no. 4151 dated 06.10.2018, which has been issued during the pendency of this writ petition. He submit that if the amendment is allowed the same will not change the nature of the writ petition. 8. Counsel for the respondent state has not raised any serious objection to the said petition for amendment. 9. Considering the submissions made and being satisfied with the submission of the petitioner, I.A. No. 9672 of 2018 seeking amendment of the writ petition is hereby allowed. 8. Counsel for the respondent state has not raised any serious objection to the said petition for amendment. 9. Considering the submissions made and being satisfied with the submission of the petitioner, I.A. No. 9672 of 2018 seeking amendment of the writ petition is hereby allowed. Counsel for the petitioners is directed to incorporate the proposed amendment as mentioned in I.A. No. 9672 of 2018 at appropriate places in the writ petition in red ink during the course of the day. I.A. No. 9674 of 2018 10. In this interlocutory application, the petitioners are seeking stay of the letter no. 4151 dated 06.10.2018 whereby the order of delivery of possession has been passed and the date fixed for delivery of possession is 25.10.2018. Counsel for the petitioners submits that specific case of the petitioners before the revisional authority was that the application for restoration of land was itself time barred. Counsel by referring to the impugned order submits that this aspect of the matter has not been taken into consideration by the revisional authority and therefore the impugned order is perverse. 11. Issue notice to the respondent no. 6 in the main writ petition as well as in I.A. No. 9674 of 2018, both under registered cover with A/D as well as by ordinary process, for which requisites etc. must be filed within one week, failing which this writ petition as against the concerned respondent shall stand rejected without further reference to the Bench. 12. Post this case on 30.11.2018. 13. Till 30.11.2018, operation, execution and implementation of the impugned notice contained in letter no. 4151 dated 06.10.2018 issued by the Circle Officer, Ramgarh, shall remain stayed.