Rukmini Devi vs The State Of Jharkhand
2023 Latest Caselaw 2366 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  W.P.(C) No. 5529 of 2019
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      Rukmini Devi                          ...      ...    Petitioner
                                   Versus
      1. The State of Jharkhand
      2. The Deputy Commissioner, Ranchi
      3. The Additional Collector, Ranchi

4. The District Land Acquisition Officer, Ranchi

5. The Circle Officer, Namkum Circle, District- Ranchi .... ... Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Ravi Kumar Singh, Advocate Mr. Sushil Yadav, Advocate For the Respondents : Mr. Ankit Kumar, A.C. to G.P.-VI For the Intervenor : Mr. Sahjanand Sharma, Advocate (I.A. No. 191/2022) For the Intervenor : Mr. Harendra Kumar Singh, Advocate (I.A. No. 1747/2023) Mr. D.K.Malityar, Advocate

Order No. 06 Dated: 19.07.2023

The present writ petition has been filed for quashing letter no. 1085(ii) dated 03.08.2017 (Anneuxre-5 to the writ petition) issued by the Circle Officer, Namkum (the respondent no. 5) to the Additional Collector, Ranchi (the respondent no. 3) reporting inter alia that there has been irregularity in issuing genealogical table of Late Budhu Singh. Further prayer has been made for quashing letter as contained in memo no. 1165(ii) dated 24.07.2017 (Anneuxre-6 to the writ petition) issued by the Deputy Commissioner, Ranchi (the respondent no. 2) to the respondent no. 5 whereby direction has been issued to identify the concerned revenue officials including the circle officer and circle inspector who had made recommendation for issuance of genealogical table of Jamabandi raiyat- Budhu Singh by including his two daughters namely Rukmini Devi and Urmila Devi and to frame charge against them by initiating departmental proceeding as well as to ensure cancellation of the said genealogical table.

2. A counter affidavit has been filed on behalf the respondent nos. 2 to 5 annexing copy of judgment dated 27.09.2019 passed by the Additional Judicial Commissioner-XIV,

Ranchi, in Probate Case No. 35 of 2002 converted as Probate Title Suit No. 04 of 2004, the operative part of which reads as under:

"Considering the entire facts and circumstances as well as the discussions made above, this Court is of the opinion that the "WILL" dated 18.05.1972 executed by Late Budhu Singh is the last "WILL" of the testator and the same is genuine and applicant is entitled to get a decree of probate of the "WILL" dated 18.05.1972 as last desire of the testator. Accordingly, the application of applicant for grant of probate is, hereby, allowed and office is directed to prepare probate certificate. The evidence brought on record transpires that applicant is one of the beneficiary in the "WILL" dated 18.05.1972 executed by Late Budhu Singh (the testator) who died on 05.02.1982 and had property as written in Schedule(B) situated within jurisdiction of this court. Hence, there has been no impediment in grant of Letter of Administration in favour of applicant Prem Nath Singh for the share of Late Baijnath Singh. Accordingly, let a letter of administration be prepared for administration of Schedule (B) Property."

3. It has also been averred in paragraph-15 of the said counter affidavit that the petitioner's case can be reconsidered on the basis of judgment dated 27.09.2019 passed in Probate Case No. 35 of 2002 converted as Probate Title Suit No. 04 of 2004.

4. According to learned counsel for the petitioner, the petitioner is one of the beneficiaries of the 'Will' executed by Late Budhu Singh and as per the said judgment, she is entitled for the part of scheduled property.

5. I.A. No. 191 of 2022 and I.A. No. 1747 of 2023 have been filed by the applicants namely Abhay Kumar and Mansha Singh @ Rajesh Singh respectively seeking intervention in the present writ petition.

6. Mr. Harnedra Kumar Singh, learned counsel for the intervenor- Mansha Singh @ Rajesh Singh, submits that against judgment dated 27.09.2019 passed by the Additional Judicial Commissioner-XIV, Ranchi in Probate Case No. 35 of 2002 converted as Probate Title Suit No. 04 of 2004, Miscellaneous Appeal No. 516 of 2019 has already been filed before this Court and the same is pending adjudication.

7. Be that as it may.

8. Since it has been specifically averred in the counter

affidavit filed on behalf of the respondent nos. 2 to 5 that the petitioner's case can be reconsidered on the basis of judgment dated 27.09.2019 passed in Probate Case No. 35 of 2002 converted as Probate Title Suit No. 04 of 2004, the writ petition is disposed of giving liberty to the petitioner to prefer a fresh representation before the respondent no. 2 who, in turn, after considering the relevant documents including the aforesaid judgment passed in Probate Case No. 35 of 2002 converted as Probate Title Suit No. 04 of 2004, shall take further steps in this regard in accordance with law.

9. The impugned letter as contained in memo no. 1085(ii) dated 03.08.2017 issued by the respondent no. 5 shall be kept in abeyance till a fresh order is passed by the respondent no. 2, whereas letter as contained in memo no. 1165(ii) dated 24.07.2017 issued by the respondent no. 2 will be revisited by the said respondent keeping in view the subsequent development taking place in the matter particularly the judgment passed in Probate Case No. 35 of 2002 converted as Probate Title Suit No. 04 of 2004.

10. I.A. No. 191 of 2022 and I.A. No. 1747 of 2023 also stand disposed of.

(Rajesh Shankar, J.) Ritesh/