Arun Kumar Dubey vs Director, Directorate Of Enforcement & Ors

The matter has been heard through video conferencing.

I.A. No. 4426 of 2022

The instant Interlocutory Application has been filed for extension of further four weeks’ time for filing counter affidavit to Interlocutory Application, being I.A. No. 4183 of 2022.

It has been submitted on behalf of respondents-State of Jharkhand that in Interlocutory Application, being I.A. No. 4183 of 2022, the petitioner has referred many new facts and development, as derived from the newspaper report as claimed by the petitioner, which requires some time to examine in order to ensure the authenticity of such claim. Therefore, prayer has been made on behalf of respondents-State of Jharkhand to grant another four weeks’ time to verify the claim/statement made by petitioner and make response thereupon.

Mr. Rajeev Kumar, learned counsel for the petitioner has raised serious objection to the prayer made by learned counsel for the respondents-State seeking further four weeks’ time to file response to I.A. No. 4183 of 2022.

He has referred to order dated 19th May, 2022 passed by this Court, wherein this Court has recorded the finding that “..... It appears that Interlocutory Application being I.A. No. 4183 of 2022 was filed on 10.05.2022 itself, after serving copy upon the office of learned Advocate General well in advance, but till date no counter affidavit has been filed by the State. However, since the main matter itself is to be taken up on 24.05.2022 (Tuesday) along with other matters, let counter affidavit to the Interlocutory Application being I.A. No. 4183 of 2022, be filed by the State, after serving copy to the learned counsel for the petitioner as well as other side well in advance, on before the next date of hearing.”

Learned counsel for the petitioner has further submitted that other related matters [W.P. (PIL) No. 4290 of 2021 and W.P. (PIL) No. 727 of 2022] since are being posted on 1st June, 2022 to first consider issue of maintainability with the consent of learned senior counsel appearing for the respondents-State of Jharkhand, in presence of learned Advocate General and other parties, as such the instant Interlocutory Application is also required to be disposed of taking into consideration the consensus between the parties, so far fixing of next date of hearing of the matter is concerned.

This Court, taking into consideration the submissions advanced by learned counsel for the parties, in particular the fact that they have consented for listing the matter on 1st June, 2022 for consideration of issue of maintainability as has been passed in W.P. (PIL) No. 4290 of 2021 and W.P. (PIL) No. 727 of 2022, is of the view that since the matter is being adjourned today for the aforesaid purpose, the interregnum should be utilized by the State for filing its response to amendment petition (I.A. No. 4183 of 2022).

Accordingly, Interlocutory Application being I.A. No. 4426 of 2022 stands disposed of with a direction to the respondent-State to file response to I.A. No. 4183 of 2022 on or before the next date of hearing after serving advance copy to the parties concerned, by 30th May, 2022.

Accordingly, put up this matter on 1st June, 2022 to be heard in Video Conferencing Mode.