Pramesh Tiwary vs The State Of Jharkhand Through Its ...
2021 Latest Caselaw 1029 Jhar

  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                W.P. (C) No. 2729 of 2013

1.Pramesh Tiwary, son of Late Damodar Tiwary
2.Uday Tiwary, son of Late Ram Naresh Tiwary
Both residents of Redma, P.O - Medni Nagar, P.S. Medni
Nagar (T), District - Palamu.       ......      Petitioner
                           Versus
1.The State of Jharkhand through its Chief Secretary,
Project Building, P.O & P.S. Dhurwa, District - Ranchi
2.Additional Collector, Palamau, P.O Medni Nagar, P.S.
Daltonganj (T), District - Palamau.
3.Anchal Adhikari, Sadar Anchal, P.O Medni Nagar, P.S.
Daltonganj (T), District - Palamau.
4.Halka Karamchri, Halka No. 3, Sadar, P.O Medni Nagar,
P.S. Daltonganj (T), District - Palamau.
5.Shri Kameshwar Tiwary
6.Shri Nand Gopal Tiwary
  Both sons of Late Raj Giriwar Tiwary, Village- Lahlahe,
P.O. Khamdih, P.S. Medni Nagar (Sadar), District -
Palamau.                            ......         Respondents
                              -------

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner : Mr. A.K. Sahani, Advocate Mr. A.K. Pandey, Advocate For the Respondents : Mr. Suraj Prakash, A.C to G.A. II

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5/Dated 1st March, 2021

The matter has been taken up through video

conferencing.

The instant writ petition is under Article 226 of the

Constitution of India, whereby and whereunder the order

passed by respondent no. 2- Additional Collector, Palamau

dated 27.08.2012 in Misc. Case No. 33 of 2012-13 is under challenge, by which, the respondent no. 3-Anchal Adhikari

has been directed to create Jamabandi in the name of

private respondent nos. 5 and 6.

Mr. Suraj Prakash, A.C to learned G.A. II appearing

for the respondents-State submits that the judgment

passed in Probate Case No. 34 of 1958 and Title Suit No.

2/1 of 1959-60 whereby and whreunder the writ petitioner

is claiming title on the basis of will, which has been

subjected to probate, has been found by the Court of

Probate as forged one which has been affirmed by the Patna

High Court in the order passed in Appeal No. 534 of 1964

and, therefore, whatever order has been passed by the

Additional Collector cannot be said to suffer from any

infirmity.

He further submits that in that view of the matter,

in the instant writ petition since the writ petitioner is

seeking declaration of right and title, which cannot be

adjudicated in writ jurisdiction.

Upon such submission, learned counsel for the

petitioner has submitted that he may be permitted to

withdraw the writ petition with liberty to approach before

the competent court of Civil jurisdiction for declaration of

right, title and interest.

In view of submissions advanced by learned counsel

for the parties, the instant writ petition is dismissed as

withdrawn.

Needless to say that if such application is filed

before the competent Court of civil jurisdiction, the same

will be decided without being prejudiced by any of the

observations made by this Court, in accordance with law.

With the aforesaid observations and directions, the

writ petition stands disposed of.

(Sujit Narayan Prasad, J.) Alankar/-