ABDUS SAMAD MOLLAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant intra-court appeal is against the order/judgment dated 25.09.2018 passed by learned Single Judge in W.P.(C) No.2613 of 2005 whereby and whereunder the writ court has declined to interfere with the order passed by the revisional authority in Revision Case No.59 of 2004.

(2.) The brief facts of the case which are necessary to be enumerated herein for the adjudication of the lis are as under :

(3.) Mr. Kumar Vaibhav, learned counsel for the appellant/writ petitioner has submitted that the learned Single Judge has not appreciated the fact about non-service of the show cause as also about non-consideration of reply submitted by the appellant/writ petitioner on 21.05.2004 and 12.06.2004 discarding the said reply by holding in the impugned order that the show cause reply dated 21.05.2004 cannot be said to be a reply on the ground that no averment to that effect has been made in the writ petition as also the reply dated 21.05.2004 has not been filed by the appellant/writ petitioner while the show cause reply dated 12.06.2004 has been held to be an afterthought and was after passing of the order of cancellation of mining lease by the Deputy Commissioner vide order dated 29.05.2004