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2021 Supreme(Jhk) 421

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Jems Anuj Kindo @ James Anuj Kindo – Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (C) No. 601 of 2021
Decided On : 02-08-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Vishal Kumar Tiwary.
For the Respondent: Mr. Ashish Kumar Thakur.

Headnote:

Chotanagpur Tenancy Act, 1908 - Section 217 - Filed for quashing order - Remedy of preferring revision - Writ petition has been filed for quashing order dated (Anneuxre-8 to writ petition) passed by Deputy Commissioner-cum-District Magistrate, in S.A.R. Appeal Case No. whereby appeal filed by Stanislas Kindo-uncle of petitioners has been dismissed - Learned AC to AAG-III appearing on behalf of respondent nos. 1 to 3, raises an objection with regard to maintainability of present writ petition on ground that petitioners have efficacious remedy of preferring revision before Commissioner, South Chotanagpur Division, Ranchi – Held, Court not inclined to entertain present writ petition at this stage - Same is accordingly dismissed as not maintainable - It is however observed that if petitioners prefer revision before Commissioner, South Division, along with a limitation petition within three weeks from date of this order, said revisional authority shall consider limitation petition liberally and on providing due opportunity of hearing to petitioners as well as respondent no. 4 and any other concerned person, shall dispose of same on merit, preferably within a period of six months from date of filing of revision by petitioners - Petition dismissed

ORDER :

1. The present case is taken up today through video conferencing.

2. The present writ petition has been filed for quashing order dated 15.12.2020 (Anneuxre-8 to the writ petition) passed by the Deputy Commissioner-cum-District Magistrate, Simdega (the respondent no. 2) in S.A.R. Appeal Case No. 02 of 2018-19 whereby the appeal filed by Stanislas Kindo-uncle of the petitioners has been dismissed.

3. Mr. Ashish Kumar Thakur, learned AC to AAG-III appearing on behalf of the respondent nos. 1 to 3, raises an objection with regard to maintainability of the present writ petition on the ground that the petitioners have efficacious remedy of preferring revision before the Commissioner, South Chotanagpur Division, Ranchi under Section 217 of the Chotanagpur Tenancy Act, 1908 (in short “the Act, 1908”).

4. Having heard learned counsel for the parties and keeping in view that the petitioners have efficacious remedy of preferring revision under Section 217 of the Act, 1908 before the Commissioner, South Chotanagpur Division, Ranchi against the order dated 15.12.2020 passed by the respondent no. 2 in S.A.R. Appeal Case No. 02 of 2018-19, I am not inclined to entertain the present writ petition at this stage. The same is accordingly dismissed as not maintainable. It is however observed that if the petitioners prefer revision before the Commissioner, South Chotanagpur Division, Ranchi under Section 217 of the Act, 1908 along with a limitation petition within three weeks from the date of this order, the said revisional authority shall consider the limitation petition liberally and on providing due opportunity of hearing to the petitioners as well as the respondent no. 4 and any other concerned person, shall dispose of the same on merit, preferably within a period of six months from the date of filing of the revision by the petitioners.

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