Maa Jagdamba Enterprises v. The Eastern Railways
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.652 of 2022 ====================================================== Maa Jagdamba Enterprises through its proprietor Indrajeet Kumar aged about 38 years, G- Male, S/o - Bijay Shankar, resident of Badi Mathiya, Hospital Road, Arrah, Dist. - Bhojpur.
... ... Petitioner/s
Versus
1.
The Eastern Railways through its General Manager / sales3, Koilaghat Street, Kolkata.
2.
The Controller of Stores, Eastern Railway, Jamalpur. 3.
The Chief Material Manager/ Sales, Eastern Railways 3, Koilaghat Street, Kolkata.
4.
The Senior Divisional Engineer / C Eastern Railway, Malda. 5.
The Dy. Chief Material Manager / Sales, Jamalpur. 6.
The Junior Engineer P., Way, Eastern Railway, Sahebganj. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mira Kumari, Advocate For the Respondent/s :
Mr. Anshuman Singh, Sr. Advocate Mr.Ramadhar Shekhar, (Addl. S.C. Railway) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 22-02-2022 The petitioner has prayed for the following relief/s :-
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3/5 It is brought to our notice that petitioner has preferred an appeal, which is yet pending consideration since long. The appeal is dated 30th of October, 2018. We see no reason as to why the Appellate Authority should sit over the matter and not decide the appeal, any which way, after hearing the parties, in accordance with law. We notice that the matter pertains to the year 2015, when the petitioner purchased certain property sold through public auction. Petitioner claims short supply of the property purchased through auction sale. We notice that the present petition was filed in the year 2021.
After the mater was heard for some time, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if a direction is issued to the appellate authority to positively consider and decide the petitioner's appeal within a time bond period. Shri Anshuman Singh, learned senior counsel for the respondents states that he has no objection to the same. Statement accepted and taken on record.
As such, petition stands disposed of in the following mutually agreeable terms:- (a) Petitioner shall make himself available before
4/5 the Appellate Authority on 09.03.2022 at 10.30 A.M.; (b) Opportunity shall be granted to the parties to place on record all essential documents and materials, if so required and desired;
(c) Petitioner through learned counsel undertakes to fully cooperate and not take unnecessary adjournment; (d) The Appellate Authority shall pass a reasoned and speaking order, within the statutory period, preferably within a period of two months;
(e) The Appellate Authority shall decide the appeal on merits, if not already decided, in compliance of the principles of natural justice;
(f) Copy of the order passed by the Appellate Authority shall be supplied to the parties;
(g) Equally, liberty reserved to the parties to take recourse to such other remedies as are otherwise available in accordance with law;
(h) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (i) We have not expressed any opinion on merits
5/5 and all issues are left open; and (j) Liberty reserved to the petitioner to assail the order, before the appropriate forum, should the need so arise subsequently.
The instant petition sands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 25.02.2022 Transmission Date