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2019 DIGILAW 1574 (JHR)

Santosh Bhandari v. State Of Jharkhand

2019-09-11

SUJIT NARAYAN PRASAD

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JUDGMENT Sujit Narayan Prasad J, 1. Mr. Manish Kumar, learned counsel, on instruction from Mr. Rakesh Kumar Sinha, Advocate on Record, who has shown his inability to argue the matter since he has been appointed as A.P.P, has submitted that although the case has been listed under the heading for order with defects, but he is seeking leave of this Court to pass appropriate order, as the petitioner intends to withdraw the writ petition with liberty to invoke the remedy by searching out either under the Land Acquisition Act or by filing a suit. 2. In view of such prayer, submission has been made that save and except, defect no. 1, deposit of Court fee of Rs. 730/- and defect no. 6, deposit of Rs. 15 stamp, other defects may be ignored. 3. Learned counsel for the respondent-State raised no objection to such submission. (A)In view thereof, the defects, save and except nos. 1 and 6, are ignored. (B)Writ petition has been heard on merit. 4. Mr. Manish Kumar, learned counsel for the petitioner has submitted that writ petition, being W.P.(C) No. 2572 of 2018 having similar issues has been disposed of vide order dated 08.07.2019 and as such prayer has been made to dispose of the instant writ petition in terms of the order passed in W.P.(C) No. 2572 of 2018. 5. This Court, after hearing learned counsel for the parties and looking to the submissions made on behalf of petitioner, is of the view that the issue is to be decided on veracity of fact and since petitioner is seeking liberty to avail remedy under Land Acquisition Act or by filing a suit, this Court is of the view that the aforesaid prayer is required to be allowed. 6. In view thereof, prayer made by the petitioner for withdrawal of the writ petitioner with liberty to search out remedy available under Land Acquisition Act or by filing a suit is allowed. 7. Accordingly, the writ petition stands dismissed as withdrawn with liberty to the petitioner to invoke the remedy by searching out either under the Land Acquisition Act or by filing a suit. 8. Office is directed to issue certified copy of the order, only after removing defect nos. 1 and 6 i.e. only after deposit of Court fee of Rs. 730/- and deposit of Rs. 15 stamp.