IRA DEB @ IRA AIKAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS petition has been filed for setting aside the order dated 30.5.2007 passed in S.A.R. Appeal No. 53 R -15/03 -04 by the Deputy Commissioner, Ranchi and further a direction to the Deputy Commissioner, Ranchi to consider and dispose of the said appeal within stipulated period.

(2.) IN substance, an appeal was preferred by the petitioner before the Deputy Commissioner and during the course of hearing, the petitioner did not appear before the court and the learned Deputy Commissioner observed on 30th May, 2007 that the appellant is not present and the respondent is present in the case. The absence of the petitioner shows that he is not interested with the appeal and the respondents contended that the appeal may be dismissed and the appeal was dismissed by the Deputy Commissioner, Ranchi. Being aggrieved by the said order, the petitioner preferred this Writ Petition.

(3.) FROM perusal of the order, it revealed that the order has been passed in absence of the petitioner/appellant and it has not been passed on merit. It cannot be concluded that this order has been passed on merit and this will be treated to be an order of dismissal in default of the parties.