RANCHI, India, June 3 -- Jharkhand High Court issued the following order on May 5:
1. I.A. No. 5531 of 2024 filed for condonation of delay of 26 days in filing the Appeal is allowed since it is not opposed by the counsel for the respondents.
2. Heard both sides.
3. This Appeal is preferred against the judgment dt. 26.02.2024 in W.P.(C) No. 3021 of 2022 of the learned Single Judge.
4. The appellant had filed the Writ Petition challenging an order dt. 02.06.2022 of the Regional Director, Jharkhand Industrial Area Development Authority, Adityapur, and after filing the Writ Petition he had also availed of the remedy of Appeal before the Secretary, Department of Industries, Government of Jharkhand. The said Appeal was numbered as Appeal No. 23 of 2022 and was dismissed on 30.01.2024 contained in Memo dt. 20.02.2024.
5. While dismissing the Writ Petition, the learned Single Judge did not give liberty to the appellant to challenge the order of the appellate authority passed on 30.01.2024 contained in Memo dt. 20.02.2024. To the extent the learned Single Judge has not granted such liberty, the appellant has preferred this Appeal.
6. Since the Appeal preferred by the appellant to the Secretary, Department of Industries, Government of Jharkhand being Appeal No. 23 of 2022 was dismissed on 30.01.2024 contained in Memo dt. 20.02.2024, during pendency of the Writ Petition, the learned Single Judge ought to have granted liberty to the appellant to challenge the said order passed by the appellate authority.
7. Therefore, to that extent the order of the learned Single Judge dt. 26.02.2024 in W.P.(C) No. 3021 of 2022 is modified, and liberty is granted to the appellant to challenge the said order dt. 30.01.2024 contained in Memo dt. 20.02.2024 of the Secretary, Department of Industries, Government of Jharkhand in Appeal No. 23 of 2022 by way of separate Writ Petition. No costs.
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