Deputy Commissioner vs Lalu Karmali & Ors
2021 Latest Caselaw 389 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       (Civil Appellate Jurisdiction)
                              F.A. No. 29 of 2012
                              ......

Deputy Commissioner, Hazaribagh ...... Appellant Versus Lalu Karmali & Ors. ......Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ......

      For the Appellant         : Mr. Praveen Akhouri, SC (Mines)-I
      For the Resp-State        :
                                -----
11/Dated: 27/01/2021.

The instant First Appeal has been preferred against the impugned judgment and award dated 29.01.2010 (award signed on 15.02.2010) passed by learned Sub-Judge-II-cum-Special Judge, Land Acquisition, Hazaribagh in L.R. Case No. 153 of 2007 arising out of L.A. Case No.8 of 2001-02.

Learned counsel for the appellant has submitted that in preferring the instant first appeal, there is delay of 1022 days and for condonation of the same, I.A. No.697 of 2012 has been filed.

Learned counsel for the appellant has further submitted that I.A. No.5169 of 2020 has been filed under Order 22 Rules 4 and 9 CPC to substitute the legal heirs of respondent no.1 (Lalu Karmali), who died on 24.12.2018 leaving behind the following legal heirs:-

(i) Raju Karmali - son

(ii) Sheru Karmali- son

(iii) Bhim Karmali- son All R/o Village- Dhamnatand @ Mahadev Kudar, P.O. & P.S.- Gola, District- Ramgarh.

I.A. No.5168 of 2020 has been filed whereby it has been stated that respondent no.4 (Kartik Karmali) and respondent no.8 (Mohari) have already died on 16.06.2006 and 07.10.2008 respectively.

Respondent no.4 (Kartik Karmali) has died leaving behind his sole son/legal heir, namely, Suresh Karmali, R/o Village- Dhamnatand @ Mahadev Kudar, P.O. & P.S.- Gola, District- Ramgarh.

Respondent no.8 (Mohari) has died leaving behind the following legal heirs:-

(i) Ramjit Karmali

(ii) Rameshwar Karmali (now deceased)

(iii) Vishu Karmali

(iv) Nandu Karmali (now deceased) All R/o Village- Dhamnatand @ Mahadev Kudar, P.O. & P.S.- Gola, District- Ramgarh.

Rameshwar Karmali (respondent no. 8(ii) S/o Mohari (respondent no.8) has also died on 10.12.2014 leaving behind his only son namely, Rajendra Karmali, R/o Village- Dhamnatand @ Mahadev Kudar, P.O. & P.S.- Gola, District- Ramgarh.

Further Nandu Karmali (respondent no. 8(iv) S/o Mohari (respondent no.8) has also died on 16.12.2014 leaving behind the following legal heirs:-

(i) Sanjay Karmali

(ii) Dhananjay Karmali Both R/o Village- Dhamnatand @ Mahadev Kudar, P.O. & P.S.-

Gola, District- Ramgarh.

As such, notice may be issued to the proposed legal heirs of respondent nos. 1, 4 and 8 so as to implead them as party(s).

Considering the submissions, let notice be issued to the proposed legal heirs of respondent nos.1, 4 and 8 under both process i.e. under registered cover with A/D as well as under ordinary process.

Put up this case after service of notice.

Office is directed to delete the name of learned counsel, Mr. Praveen Akhouri from the column of respondent side as he is counsel for the appellant-state being SC (Mines)-I.

(Kailash Prasad Deo, J.) sandeep/R.S-