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2021 Supreme(Jhk) 102

RAJESH SHANKAR
Jai Bajrang Walee Stone Works, through its proprietor namely Prakash Chandra Yadav – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vimal Kirti Singh, Advocate, Mr. Sidharth, Advocate, Ms. Stuti Sinha, Advocate
For the Respondent:Mr. P.A.S. Pati, G.A.-II, Mr. Anshuman Pandey, Advocate, Mr. Ashish Kumar, Advocate

ORDER :

The present case is taken up through video conferencing.

2. The instant writ petition has been preferred for quashing and setting aside the orders as contained in memo no. 1541 and memo no. 398 both dated 11.06.2020 passed by the Secretary, Department of Transport, Government of Jharkhand and the Deputy Commissioner, Sahibganj (respondent no.2) respectively whereby the petitioner has been restrained from plying vessels between Samda ghat (Sahibganj district) to Manihari ghat (Katihar district of the State of Bihar) on National Waterway No.-1 (hereinafter to be referred as ‘NW-1’). Further prayer has been made for issuance of direction upon the respondents to immediately and forthwith grant/issue orders for restarting the operations of the petitioner's vessels from Samda Ghat at Sahibganj (Jharkhand) to Manihari Ghat at Katihar (Bihar) and also to allow it to set up its own temporary facility for operations of loading and unloading at Samda Ghat, Sahibganj on payment of fees, if any, payable under law to the concerned authority.

3. The factual matrix of the case as stated in the writ petition is that the petitioner- M/s Jai Bajrang Walee Stone Works is engaged in the business o

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