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2023 Supreme(Jhk) 363

SANJAYA KUMAR MISHRA, ANANDA SEN
Gopal Prasad Mahanty – Appellant
Versus
state of Jharkhand – Respondent


Advocates Appeared:
For the Appellants : Mr. Gopal Prasad Mahanty, (in person).
For the Respondents: Mr. Jayant Franklin Toppo.

ORDER :

(Ananda Sen, J.)

1. This intra-court appeal under Clause 10 of the Letters Patent has been filed by the appellants-writ petitioners challenging the order dated 11.8.2021 passed in W.P.(C) No. 3002 of 2002, whereby, the learned Single Judge has held that the dispute being contractual in nature, writ petition under Article 226 of the Constitution of India is not entertainable. However, liberty was granted to the petitioner to take appropriate recourse for enforcing the terms and conditions of the agreement and for payment of the alleged dues, if permissible under law.

2. The appellant-writ petitioner, who appears in person, submits that the writ petition could not have been dismissed in the manner as stated above. The writ petition was filed in the year 2002, but as the same was entertained and admitted for final hearing vide order dated 6.8.2003, on technical grounds, the same could not have been dismissed. According to the appellant-writ petitioner the dues are admitted and on false pretext, the same is being denied to the petitioner. He further submits that at no point of time, the petitioner has accepted any payment without protest rather, the payment was accepted under pro

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