JHARKHAND HIGH COURT ISSUES ORDER ON OM HARI CHOUBEY AND ORS. V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Nov. 8 -- Jharkhand High Court issued the following order on Oct. 8:

1. The instant review petition has been filed under Article 226 of the Constitution of India seeking review, particularly, in the nature of modification of the order dated 12.06.2023 passed in W.P(C) No.1486 of 2023 by this Court to the effect that the representation which is to be filed has been referred to be filed before the respondent/O.P No.5, i.e., the Managing Director, Bihar State Food and Civil Supply Corporation Limited, Patna.

2. The submission has been made on behalf of the review petitioners that after the bifurcation of the erstwhile Bihar State Food and Civil Supply Corporation Limited vide its decision, the monetary claim on or after 15.11.2000 is to be considered and to be paid by the Jharkhand State Food and Civil Supply Corporation Limited, Government of Jharkhand, Ranchi.

3. It has been contended that the direction so passed by giving liberty to the writ petitioners to make representation before O.P No.5, i.e., the Managing Director, Bihar State Food and Civil Supply Corporation Limited, Patna will not serve the purpose, since, whatever the claim is there, i.e., after 15.11.2000.

4. Dr. Ashok Kumar Singh, the learned counsel appearing for the Jharkhand State Food and Civil Supply Corporation Limited, Ranchi has submitted that the part of the order dated 12.06.2023 may be modified by giving liberty to the petitioners to file representation before the O.P No.3- the Managing Director, Jharkhand State Food and Civil Supply Corporation Limited, Government of Jharkhand, Ranchi by giving all details for its consideration.

5. The learned counsel appearing for the Bihar State Food and Civil Supply Corporation Limited, Patna is present being a party formal in nature.

6. This Court after having heard the learned counsel appearing for the parties and taking into consideration the fact that the claim of the review petitioners is after 15.11.2000 and all the liability on or after 15.11.2000 posed to the Jharkhand State Food and Civil Supply Corporation Limited, Ranchi and, as such, the consideration is to be made with respect to the claim of the writ/review petitioners by the O.P No.3, i.e., the Managing Director, Jharkhand State Food and Civil Supply Corporation Limited, Government of Jharkhand, Ranchi.

7. This Court, in view of the aforesaid, is of the view that the error apparent on the face of the order is there. Hence, the power of review is being exercised.

8. Accordingly, the part of the order whereby and whereunder the direction upon the writ petitioners to file fresh representation before the respondent no.5, i.e., the Managing Director, Bihar State Food and Civil Supply Corporation Limited, Patna is to be reviewed and is replaced by giving liberty to the petitioners to file a fresh representation before the respondent/O.P No.3, i.e., the Managing Director, Jharkhand State Food and Civil Supply Corporation Limited, Government of Jharkhand, Ranchi.

9. The said representation shall be filed along with the relevant documents within a period of four weeks from the date of receipt of copy of this order.

10. If such representation is filed before the concerned respondent, the same shall be considered and appropriate decision in accordance with law be taken within a period of eight weeks thereafter.

11. It is made clear that if decision so taken is in favour of the petitioners the benefits shall be extended in favour of the petitioners within a period of three months thereafter and if any adverse decision is taken, copy of the same be communicated to the petitioners within the aforesaid period.

12. With the aforesaid observation and direction, the present civil review stands allowed and disposed of as such. 13. Pending I.As, if any, stands disposed of.

Disclaimer: Curated by HT Syndication.