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Judgment
The matters have been taken up through video conferencing.
Reference may be made to order dated 26th March, 2021 by which this Court has passed an order after appreciating the argument advanced on
behalf of learned Advocate General appearing for the State of Jharkhand, learned counsel for the petitioner as also Mr. Sukhdeo Singh, the Chief
Secretary of the State of Jharkhand who has appeared through online mode, which reads hereunder as:-
This Court, having heard the parties and the Chief Secretary of the State of Jharkhand, is prima facie of the view that once the Cabinet has
approved the entire project along with sanction of the money, as has been stated in the earlier affidavits filed by the State, the matter cannot be kept
pending by the ""Departmental Minister"" and if it is being kept pending, this Court, prima facie, is of the view that the ""Departmental Minister"" is in the
excess of his jurisdiction. However, we are not making out any definite view in this regard as of now on account of the assurance given by the learned
Advocate General and the Chief Secretary of the State of Jharkhand that if the matter would be adjourned, sincere endeavor would be taken for
pursuing the matter which is now lying pending before the ""Departmental Minister"".
This Court, therefore, is of the view that one adjournment is required to be given to the respondents.
Accordingly, by way of last indulgence, let this matter be posted on 23rd April, 2021 at 4.00 pm with the hope and trust that the matter of issuance of
Notice Inviting Tender would be expedited and appropriate affidavit would be filed along with the Notice Inviting Tender before the next date of
hearing.
We have specifically adjourned the matter by way of last indulgence so that the affidavit will be filed along with Notice Inviting Tender as would
appear from paragraph 6 of the aforesaid order dated 26.03.2021 as referred and quoted hereinabove but it appears from the record that no such
affidavit has been filed in compliance to the order dated 26.03.2021.
Since none is appearing for the petitioner as also the State due to call given by the State Bar Council to abstain from Court's work due to surge in
Pandemic COVIL-19, therefore, we are refraining ourselves from passing direction today and adjourning the matters for a week with a direction that
by the next date of hearing the order passed by us on 26.03.2021 on the basis of undertaking furnished by the Chief Secretary of the State of
Jharkhand, must be complied with.
Accordingly post these matters on 30.04.2021.