Jharkhand High Court
M/S Sahara India Commercial ... vs Uday Shankar Paul & Others on 6 April, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A.No.43 of 2012
M/s Sahara India Commercial Corporation Ltd. & Others
.... .... .... Appellants
Versus
Uday Shankar Paul & Others .... .... .... Respondents
WITH
Contempt Case (Civil) No.700 of 2012
M/s Karmayogi Grih Nirman Swalambi Sahakari Samity Ltd.
.... .... .... Appellant
Versus
State of Jharkhand & Others .... .... .... Respondents
WITH
Civil Revision No.30 of 2014
Smt. Chanchala Kumari & Others .... .... .... Appellants
Versus
Ravindra Nath Paul & Others .... .... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Appellants : Mr. Sudarshan Srivastava, Advocate
For Respondent No.1-9 : Mr. Lukesh Kumar, Advocate
For Respondent No. 16-18 : Mr. Amar Kumar Sinha, Advocate
For Respondent no. 19 : Mr. Manjul Prasad, Sr. Advocate
For Respondent Nos.20 to 21 : Mr. Praveen Kr. Akhauri, SC(Mines)-I
For Respondent no. 23 : Mr. Anil Kr. Sinha, Sr. Advocate
Mr. Ashish Kr. Shekhar, Advocate
Oral Order
69 / Dated : 06.04.2022
I.A. No. 2520 of 2022
I.A. No. 2520 of 2022 has been filed on behalf of the
Respondent nos. 20 to 21 under Order 1 Rule 10 (2) read with Section
151 C.P.C. to recall the order dated 29.11.2019 passed by the Co-
ordinate Bench of this Court in I.A. No. 10491 of 2019 by which
respondent nos. 20 and 21 have been impleaded in the present appeal.
Before I consider this interlocutory application for deleting the
State from the cause title of the memo of appeal which will also have the
effect of vacating the order of status quo, it is necessary that a detailed
and particularized affidavit stating chronologically the claim of the State
to the part of suit land, with details thereof, be filed by the State so that
this Court can consider whether to delete respondent nos. 20 and 21
cause title of the memo of appeal.
The affidavit shall not be by any official below the rank of Joint
Secretary. Photocopy of the relevant documents is to be attached along
with the affidavit.
Let the affidavit be filed on or before 13.04.2022 and the copy
of the same will be furnished to the other side.
List this interlocutory application for hearing on 19.04.2022.
I.A. No. 5710 of 2020
Heard learned counsel for respondent nos. 1 to 9 in I.A. No.
5710 of 2020 which has been filed for quashing of the order dated
06.10.2020 by the Deputy Commissioner, Dhanbad in Misc. Case No.
01/2020.
Taking into account the fact that the issue raised in this
interlocutory application will have direct bearing on the merit of the
present appeal and, therefore, no order will be passed at this stage, rather
it will be disposed of in terms of the judgment delivered in the instant
appeal.
I.A. No. 5119 of 2019
Learned counsel for respondent no. 19 presses into motion I.A.
No. 5119 of 2019 which has been filed under Order 41 Rule 27 C.P.C.
for adducing into evidence the counter affidavit filed on behalf of the
respondent nos. 1 to 5 in Misc. Appeal No. 197 of 2010.
Learned Counsel on behalf of Respondent no.3 submits that he
will contest the petition by filing reply
List these cases on 11.04.2022.
In the meantime, the earlier order of status quo is extended till
11.04.2022.
(Gautam Kumar Choudhary, J.)
AKT
