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2002 Supreme(Jhk) 239

VINOD KUMAR GUPTA, VISHNUDEO NARAYAN
Pandit Deen Dayal Upadhyay Smriti Kendra – Appellant
Versus
State Of Jharkhand – Respondent


ORDER

1. The affidavit of the Chief Secretary, Government of Jharkhand has been filed today In the Court. This affidavit in response to our Order dated 28th January. 2002 read with Our Order dated 13th February. 2002. We may also refer to the contents of our order dated 4th January. 2002, specially paragraph-3 thereof.

2. The prayer of the petitioner is that we should issue a mandamus to the State to construct the project in question, the question relating to the grant or refusal of this prayer has to be determined on the touchstone of constitutional parameters as well as the proper exercise of Jurisdiction by this Court under Article 226 of the Constitution of India. It is keeping these in view, that we had invited the affidavit from the Chief Secretary. Government of Jharkhand.

3. The affidavit filed by the Chief Secretary in the Court today informs us that various issues and questions of far reaching importance and magnitude have to be taken into consideration and decided by the Government of Jharkhand before the Government can take a definite stand whether to construct the Project or not to construct the Project. These inter alia, include the issue relating to the acquisition of p






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