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2024 Supreme(Jhk) 103

SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Rubi Singh, w/o Rajeev Kumar Singh – Appellant
Versus
Secretary, Ministry of Jal Shakti, Government of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Binod Singh, Advocate
For the Respondent:Mr. P.A.S. Pati, Advocate

JUDGMENT :

Sujit Narayan Prasad, J.

1. Reference may be made to the order dated 10.01.2024 by which time was allowed on the prayer being made by Mr. PAS Pati, learned counsel for the respondent nos.2-4 to seek instructions.

2. Mr. P.A.S. Pati, learned counsel for the respondent nos.2-4 has sought for leave of this Court that the counter affidavit is ready and copy of the same has also been served in Court, hence, leave has been sought for to file the same in the court for its acceptance.

3. This Court considering the aforesaid submission and taking into consideration the fact that in the counter affidavit the issue of jurisdiction is the main ground for making opposition to entertain the instant writ petition.

4. Since the issue of jurisdiction is purely a legal issue and there is no question of rebuttal since the factual aspect is not in dispute in this counter affidavit. Further, this Court is only on the issue of jurisdiction of maintaining the instant application filed before the Tribunal in view of Section 14 of the Administrative Tribunal Act, 1985 and as such, we have taken note of the objection so made on behalf of respondent nos.2 to 4 at paragraph-2 of the order dated 10.01.20

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