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2025 DIGILAW 431 (JHR)

Kundan Kumar v. State of Jharkhand

2025-02-13

RAJESH SHANKAR

body2025
ORDER : RAJESH SHANKAR, J. 1. The present writ petition has been filed for issuance of direction upon the concerned respondent to enforce the “Deed of Lease”/M.O.U dated 03.08.2023 to the extent of its complete period i.e., 03.08.2023 to 02.08.2024 which has been executed between the petitioner and the respondent no.8. Further prayer has been made for issuance of direction upon the respondent no.8 to take service of petitioner’s vehicle i.e., ‘Scorpio’ bearing registration no.BR-02 BG 2302 registered in his name which has been hired by the respondent no.8 under “Rashtriya Bal Swasthya Karyakram (RBSK) Scheme” till completion of Lease i.e., 03.08.2023 to 02.08.2024. The petitioner has also prayed for quashing the Deed of Lease /M.O.U. dated 23.08.2023 executed between the respondent nos.8 and 9. 2. Mr. Anup Kumar Agarwal, learned A.C. to G.A.-IV refers to paragraph no.7 of the counter affidavit filed on behalf of the respondent no.7 which reads as under : “ 7. That at the outset it is most humbly stated and submitted that the grievance of the petitioner has been served thereby making the present writ petition infructuous in view of the following facts and circumstances : i. That the private respondent no.9 vide letter dated 07.12.2023 informed the respondent no.8 that on account of technical problem in his vehicle he is unable to ply/run his vehicle as per the agreement. ii. That in response to the letter dated 07.12.2023 by the private respondent no.9, the respondent no.8 vide letter no.563 dated 08.12.2023 allowed the petitioner to run his vehicle bearing registration no. BR02BG2302 by extending the interrupted period of MOU dated 03.08.2023. iii. That subsequently on 08.12.2023 the petitioner in response to the aforesaid letter no.563 dated 08.12.2023, declared and informed the respondent no.8 in writing that pursuant to the permission given by the respondent no.8 to run his vehicle bearing registration no.BR02BG2302 by extending the interrupted period of the MOU dated 03.08.2023, he declares that he is ready and willing to withdraw the writ petition." 3. Though the present counter affidavit was filed way back on23 rd December, 2023, however, no rejoinder affidavit has been filed on behalf of the petitioner controverting the aforesaid statement made in the counter affidavit. Hence, considering the fact stated in paragraph no.7(ii) of the counter affidavit, as quoted hereinabove, there is no need to further proceed in the present matter. 4. Hence, considering the fact stated in paragraph no.7(ii) of the counter affidavit, as quoted hereinabove, there is no need to further proceed in the present matter. 4. The writ petition is, accordingly, disposed of. 5. Pending interlocutory application, if any, is also disposed of accordingly.