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2025 DAILYLAW 19760 (JHR)

PRAKASH KUMAR AGARWAL v. THE STATE OF JHARKHAND THROUGH COMMISSIONER, SANTHAL PARGANA DIVISION, DUMKA

WPC/3605/2025 · 2025-08-11

Rajesh Kumar

body2025

Judgment text

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2025:JHHC:23012 IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P. (C) No.3605 of 2025 ---- Prakash Kumar Agarwal, aged about 63 years, son of Late Ladu Ram Agarwal, resident of Purana Bizli Office Road, Dumka, P.O. Dumka, P.S. Dumka Town, District-Dumka, (Jharkhand). …. …. Petitioner(s) Versus 1. The State of Jharkhand through Commissioner, Santhal Pargana Division, Dumka, having its office at Commissioner, Santhal Pargana Division, P.O. Dumka, P.S. Dumka (Town), District Dumka (Jharkhand). 2. The Deputy Commissioner, Dumka, having its office at Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka (Jharkhand). 3. The Sub-Divisional Officer-cum-Rent Controller, Dumka, having its office at Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka (Jharkhand). 4. Suresh Sharma, aged about not known, son of Late Sriram Sharma, resident of Bara Thakur Bari Road, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka (Jharkhand). …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s) : Mr. Indrajit Sinha, Adv. Mr. Rishav Kumar, Adv. For the Respondent(s) : Mr. Devesh Krishna, S.C.(Mines)-III Mr. Kumar Pawan, A.C. to S.C. (Mines)-III ---- 04/Dated: 11th August, 2025 1. The present writ petition has been filed for following relief:- “For issuance of an appropriate writs(s)/ orders(s) and/or direction(s) upon the Respondent No.1 to hear and decide the application for stay filed in HRC Revision No.81 of 2025-26 by the Petitioner against the order dated 20.05.2025 passed by the Respondent No.2 in HRC Appeal No. 01 of 2023-24, in accordance with law. (b) For directing the Respondent-authorities not to interfere with the possession of the Petitioner till the final adjudication of H.R.C. Revision No.81 of 2025-26.” 2. It has been submitted that the revisional Court has already stayed the execution proceeding and a letter dated 07.08.2025 bearing Memo No.642/Law, in connection with HRC (Execution) Case No.02 of 2025 2025:JHHC:23012 Page | 2 W.P. (C) No.3605 of 2025 pending before Sub-Divisional Officer, Dumka, issued by the Commissioner, Santhal Pargana Division, Dumka, to that effect has been produced before this Court which is kept on record. 3. In that view of the matter, learned counsel for the petitioner seeks permission to withdraw the present writ petition. 4. Learned counsel for the State has no objection. 5. Accordingly, the present writ petition is hereby dismissed as withdrawn. 6. However, it is hereby clarified that keeping the matter pending by the Appellate Authority or Revisional Authority, allowing the execution case to proceed is otherwise not permissible in law. 7. Pending I.A., if any, stands disposed of. (Rajesh Kumar, J.) Amar/- Uploaded