Jharkhand High Court
Dhananjay Mahto & Ors vs The State Of Jharkhand & Ors on 23 February, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.W.J.C. No. 518 of 2001
With
I.A. No. 6235 of 2022
Dhananjay Mahto & Ors ... ... Petitioners
Versus
The State of Jharkhand & Ors. ... ... Respondents
With
W.P. (C) No.5252 of 2003
With
I.A. No. 971 of 2004
With
I.A. No. 2717 of 2003
Ramendra Kumar Jaiswal & Ors. ... ... Petitioners
Versus
The State of Jharkhand & Ors. ... ... Respondents
With
W.P. (C) No.4028 of 2005
With
I.A. No. 6242 of 2022
With
I.A. No. 1980 of 2020
With
I.A. No. 2042 of 2006
Soumen Dutta & Anr. ... ... Petitioners
Versus
State of Jharkhand & Ors. ... ... Respondents
---
CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
---
For the Petitioner(s) : Mr. Pankaj Kr. Choudhary, Adv.
(in C.W.J.C. No. 518/2001)
: Mr. A. K. Sahani, Advocate
(in W.P. (C) No. 5252 of 2003)
: Mr. Ajay Kumar Sah, Advocate
(in W.P. (C) No. 4028/2005)
For the Respondents : Mr. Kunal Chandra Suman, Adv.
(in W.P. (C) No. 4028/2005)
: Mr. Aditya Raman, Advocate
(in C.W.J.C. No. 518/2001)
: Ms. Shalini Shahdeo, Advocate
(in W.P. (C) No. 5252 of 2003)
---
11/23.02.2023
1. Learned counsel for the parties are present.
6235 of 2022 in C.W.J.C. No. 518 of 2001
2. This interlocutory application has been filed on 13.07.2022 on
behalf of the Deputy Commissioner, Ranchi seeking three weeks' time
for compliance of order dated 10.06.2022. On 10.06.2022 it was
submitted by the State counsel that though a counter-affidavit has
been filed, but in view of law laid down and judgment passed by this
Court as well as Hon'ble Supreme Court, the State was required to file
a detail counter-affidavit showing the legal position.
3. It is submitted by the learned counsel for the State that a
detailed counter-affidavit has been filed in W.P. (C) No. 5252/2003
which is tagged along with C.W.J.C. No. 518 of 2001. The learned
counsel submits that the counter-affidavit filed in W.P. (C) No.
5252/2003 be permitted to refer in C.W.J.C. No. 518/2001 also.
4. Learned counsel for the petitioners in C.W.J.C. No. 518/2001
has no objection, if the counter-affidavit filed in W.P. (C) No.
5252/2003 is also considered while disposing the C.W.J.C. No.
518/2001.
5. Upon this, learned counsel for the respondents in W.P. (C)
5252/2003 undertakes to supply a copy of the counter-affidavit to Mr.
Pankaj Kumar Choudhary, learned counsel for the petitioners in
C.W.J.C. No. 518/2001.
6. Accordingly I.A. No. 6235/2022 is hereby closed.
I.A. No. 6242 of 2022 in W.P. (C) No. 4028 of 2005
7. This interlocutory application has been filed on 13.07.2022 on
behalf of the Deputy Commissioner, Ranchi seeking three weeks' time
for compliance of order dated 10.06.2022. On 10.06.2022 it was
submitted by the State counsel that though a counter-affidavit has
been filed, but in view of law laid down and judgment passed by this
Court as well as Hon'ble Supreme Court, the State was required to file
a detail counter-affidavit showing the legal position.
8. It is submitted by the learned counsel for the State that a
counter-affidavit has been filed in W.P. (C) No. 5252/2003 which is
tagged along with the present case. The learned counsel that the
counter-affidavit filed in W.P. (C) No. 5252/2003 be permitted to refer
in W.P. (C) No. 4028/2005 also.
9. Learned counsel for the petitioners in W.P. (C) No. 4028/2005
has no objection, if the counter-affidavit filed in W.P. (C) No.
5252/2003 is also considered while disposing the W.P. (C) No.
4028/2005.
10. Upon this, learned counsel for the respondents in W.P. (C)
5252/2003 undertakes to supply a copy of the counter-affidavit to Mr.
Ajay Kumar Sah, learned counsel for the petitioners in W.P. (C) No.
4028/2005.
11. Accordingly I.A. No. 6242/2022 is hereby closed.
I.A. No. 1980 of 2020 in W.P. (C) No. 4028 of 2005
12. This interlocutory application has been filed for substitution of
deceased petitioner No. 2, who is said to have been expired on
01.01.2020 leaving behind his legal heirs and successors. The name of
legal heirs and successors of petitioner No. 2 have been mentioned in
paragraph 3 of the interlocutory application. The death certificate of
the petitioner No. 2 is also on record. A Vakalatnama has also been
filed on behalf of the proposed legal heirs and successors of petitioner
No. 2.
13. Learned counsel for the respondents has no objection to the
prayer made for substitution.
14. Considering the aforesaid submissions, I.A. No. 1980/2020 is
hereby allowed.
15. Learned counsel for the petitioners is directed to delete the
name of petitioner No. 2 from the cause title and insert the name of
proposed legal heirs and successors of petitioner No.2, whose details
have been mentioned in paragraph 3 of the interlocutory application,
in red ink during the course of the day.
I.A. No. 971 of 2004 in W.P. (C) No. 5252 of 2003
16. This interlocutory application has been filed for substitution of
deceased respondent No. 6. As per this petition, the sole legal heir of
respondent No. 6 is Rasbihari Nayak, who is the only son of
respondent No. 6.
17. From perusal of the records of this case, it appears that notice
was issued to the proposed legal heir of respondent No. 6 and as per
the records, Rasbihari Nayak, the son of respondent No. 6 has entered
appearance by filing Vakalatnama.
18. Considering the aforesaid circumstances, I.A. No. 971/2004 is
hereby allowed.
19. Learned counsel for the petitioners is directed to delete the
name of respondent No. 6 from the cause title and insert the name of
his legal heir and successor, whose details have been mentioned in
paragraph 6 of the interlocutory application, in red ink during the
course of the day.
I.A. No. 2717 of 2003 in W.P. (C) No. 5252 of 2003
20. Learned counsel for the petitioners submits that this
interlocutory application has been filed for fixing a date in the case
and for stay. The learned counsel submits that the case itself may be
disposed of and therefore, he does not want to press this interlocutory
application at this stage.
21. Accordingly, I.A. No. 2717/2003 is hereby dismissed as not
pressed.
I.A. No. 2042 of 2006 in W.P. (C) No. 4028 of 2005
22. Learned counsel for the petitioners submits that this
interlocutory application has been filed for fixing a date in the case
and for stay. The learned counsel submits that the case itself may be
disposed of and therefore, he does not want to press this interlocutory
application at this stage.
23. Accordingly, I.A. No. 2042/2006 is hereby dismissed as not
pressed.
C.W.J.C. No. 518 of 2001 with W.P. (C) No. 5252 of 2003 with
W.P. (C) No. 4028 of 2005
24. Learned counsel for the parties jointly submit that these cases
may be posted for final disposal. They submit that the matter relates
to cancellation of Jamabandi.
25. Learned counsel for the State in C.W.J.C. No. 518/2001 as well
as in W.P. (C) No. 4028/2005 submit that they do not have a copy of
the brief and the same be provided to him.
26. Office is directed to provide a soft copy of the entire writ
records to Mr. Aditya Raman and Mr. Kunal Chandra Suman,
Advocates at their respective email id i.e.: -
[email protected] - C.W.J.C. No. 518/2001
[email protected] - W.P. (C) No. 4028/2005
27. Post these cases on 22.03.2023 under the heading for 'Final
Disposal'.
28. Learned counsel for the parties shall file short synopsis of
arguments, list of dates and also a copy of the judgments on which
they seek to rely upon much before the next date of hearing.
(Anubha Rawat Choudhary, J.)
Mukul
