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2026 DAILYLAW 382 (JHR)

M/S BABA BARODA TRANSPOTY THROUGH ITS PARTNER ANITA CHOWDHURY v. THE ADDITIONAL COMMISSIONER APPEALS

WPC/3987/2024 · 2026-03-09

Rajesh Shankar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 ( 2026:JHHC:6056-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (T) No. 3987 of 2024 M/s Baba Baroda Transport, Tata Kandra Main Road, Gamharia, Seraikela- Kharsawan-832108 through its Partner, Anita Chowdhuri, age about 54 years, W/o Ganesh Chowdhury, resident of Baroda Medical, Bara Gamahariya, Balrampur, P.O.& P.S.- Gamahariya, District- Saraikela-Kharsawan. …. Petitioner Versus The Additional Commissioner (Appeals), Ranchi Grand Emerald (2nd & 3rd Floor), Ashok Nagar, P.O.- Doranda, P.S.- Argora, Ranchi-834002. …. Respondent ------ CORAM : HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR ------ For the Petitioner : Mrs. Vani Kumari, Advocate For the Respondents : Mr. Amit Kumar, Sr. SC Mr. Anurag Vijay, Jr. SC Mr. Vishwajeet Singh, Advocate ----- Order No. 11 Dated : 09.03.2026 1. Heard the learned counsel for the parties. 2. As against the impugned order, the petitioner has remedy of an appeal before the Tribunal. 3. Learned counsel for the petitioner states that this petition was filed because the Tribunal was not functional. However, learned counsel for the parties now agree that the Tribunal has commenced accepting the filing of appeals in contemplation of it being operational in all respects shortly. 4. Accordingly, learned counsel for the petitioner seeks leave to withdraw this petition with liberty to file an appeal. 5. Leave is granted with liberty, as prayed for. 6. If the petitioner files an appeal within four weeks from today by complying with all statutory requirements, then, the Tribunal must decide the appeal on merits without adverting to the issue of limitation. This is because the 2 petitioner was bona fidely pursuing this petition on account of the non- functioning of the Tribunal, all the while. 7. All contentions of all parties on merits are left explicitly open to be decided by the Tribunal in the first instance. 8. This petition is disposed of, with liberty in the above terms. No costs. 9. All concerned to act on an authenticated copy of this order. (M.S. Sonak, C.J.) (Rajesh Shankar, J.) March 09, 2026 Ranjeet / R.Kr. Uploaded on 09.03.2026