BALAJI ENTERPRISES Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present Letters Patent Appeals have been referred before this Court in the capacity of third Judge by the administrative decision of Hon'ble the Acting Chief Justice dated 03.09.2019 reason being that the appeals (both) have been allowed by a concurring judgment but both the Hon'ble Judges have differed with each other on one issue which has necessitated these appeals to be listed before a third Judge and in pursuance thereto, the matter has been placed before the Hon'ble the Chief Justice in the Administrative Side, for assigning the matter to a third Hon'ble Judge, for ready reference, the aforesaid administrative order is reproduced below :-

(2.) Hon'ble the Acting Chief Justice has taken such decision in pursuance to the power conferred under Rule 41 of High Court of Jharkhand Rules, 2001 which reads hereunder as :-

(3.) This Court, before expressing its opinion about the views of the Hon'ble Judges, deems it fit and proper to refer some factual aspect.