JAKIR HUSSAIN Vs. BIJAY KUMAR JAYSWAL AND OTHERS

JUDGEMENT

(1.) We have heard the learned Counsel for the parties.

(2.) There is no doubt that there is suppression of material fact by the writ petitioner/respondent no.1 at the time of filing of the writ petition before this Court since it is stated that on the selfsame ground, a writ petition has been filed before the Jharkhand High Court and no interim order was passed by the Jharkhand High Court at the time of hearing of that writ petition. It is submitted by the appellant herein that they had not been made party before the Jharkhand High Court. It is further submitted that pursuant to the order of the trial Court in this writ petition, it ought to have been dismissed on the ground of suppression of material fact which is also admitted on behalf of the private respondent.

(3.) It appears that by a letter dated 18th January, 2012, Transport Authorities of Jharkhand had issued a letter in respect of the permit so granted in favour of the appellant and it has been specifically stated in the said letter that the permit which has already been granted being P.St.S-111/11 is being withheld and further leave has been granted for hearing of the matter in question by the said authority on 27th January, 2012.