Jharkhand High Court
Narendra Kachhap vs State Of Jharkhand on 12 June, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No.85 of 2023
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Laxman Singh Pahan, since deceased, Son of Late Uday
Pahan and represented by
1. Narendra Kachhap, aged about 62 years, Son of Late
Laxman Kachhap,
2. Jitendra Kachhap, aged about 35 years, Son of Yogendra
Kachhap,
3. Mangal Pahan, aged about 72 years, Son of Jai Ram
Pahan and
4. Shailendra Kachhap, aged about 30 years, Son of Late
Chaman Kachhap.
All the legal heirs No. 1 to 4 are the resident of village-
Takra, P.O. Hathurdami, P.S. Khunti, District- Khunti,
Jharkhand. ... ... Appellants
Versus
1. State of Jharkhand
2. The Deputy Commissioner, Ranchỉ now Khunti
3. Deputy Collector Land Reforms, Khunti, Ranchi now
Khunti
4. Circle Officer, Khunti, Ranchi now Khunti
5. Jai Ram Oraon, Son of Late Birsa Oraon
6. Bhathu Oraon, Son of Late Birsa Oraon
7. Jai Ram Gari, Son of Late Manu Oraon
8. Jagnath Gari, Son of Late Birsa Oraon
9. Sukra Oraon, Son of Late Nathua Oraon
10. Mithu Oraon, Son of Late Rama Oraon
11. Nathua Oraon, Son of Late Doman Oraon
12. Goinda Oraon, Son of Late Arjun Oraon
13. Sukra Oraon @ Tota Oraon, Son of Late Karma Oraon
14. Doman Oraon, Son of Late Karma Oraon
15. Arjun Oraon, Son of Late Karma Oraon
16. Birsa Oraon, Son of Late Karma Oraon
17. Binod Tirkey, Son of Late Madi Oraon
18. Sadho Tirkey, Son of Late Zakra Oraon/
19. Sanicharwa Tirkey, Son of Late Jagna Oraon
20. Gahna Tirkey, Son of Late Sadho Oraon
21. Bhathu Oraon, Son of Late Sukra Oraon,
22. 22. Karma Oraon, Son of Late Sukra Oraon
23. Chotka Bhathu Oraon, Son of Late Jauru Oraon
24. Chamra Toppo, Son of Late Budhwa Oraon
25. Sukra Topo, Son of Late Budhwa Oraon
26. Jauru Toppo, Son of Late Budhwa Oraon
27. Somra Toppo, Son of Late Budhwa Oraon /
All by caste Oraon, residents of village Satranji, Police
Station Dhurwa (now Hatia), District-Ranchi.
... ... Respondents
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CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Appellants : Mr. Ajay Kumar Trivedi, Advocate
: Dr. shiw Bachan Tiwari, Advocate
: Rakesh Kr. Trivedi, Advocate
: Ms. Deepa Kumari, Advocate
For the State : Mr. Ratnesh Kumar, SC (L&C)-I
: Mr. Rakesh Kr. Shahi, AC to SC(L&C)-I
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th
Order No. 10/Dated 12 June, 2024
1. The instant appeal, under clause 10 of the Letters
Patent, is directed against the judgment/order dated
23.04.2018 passed by the learned Single Judge of this Court
in W.P. (C) No.6466 of 2007 by which the writ petition has
been declared to be abated.
2. Mr. Ajay Kumar Trivedi, learned counsel appearing for
the appellants, has submitted that the issue involved in this
case is with respect to the legality and propriety of the order
passed by the revenue authority under the provision of Bihar
Tenants Holding (Maintenance of Records) Act, 1973.
3. It has been submitted that since the case has been
abated and, as such, the appellant is now remediless in view
of the abatement of the writ petition by the learned Single
Judge.
4. Mr. Ratnesh Kumar, learned S.C.(L&C)-I appearing for
the State of Jharkhand, has submitted that the order of
abatement was passed in the year 2018.
5. The appellant had preferred a petition before the same
court for setting aside the order of abatement in the light of
the provision as contained under Order XXII Rule 9(2) of the
Code of Civil Procedure, 1908 but the same has been
withdrawn vide order dated 23.12.2022 passed in C.M.P.
No.463 of 2022.
6. Learned State counsel, however, has submitted that
there is serious dispute of possession and title over the
property in question, hence, the proper remedy of the
appellants lies before the competent court of civil jurisdiction.
7. Mr. Trivedi, learned counsel for the appellants, upon
this, has sought for leave of this Court to withdraw this
appeal with a liberty to file suit before the competent court of
civil jurisdiction for declaration of right and title.
8. There is no opposition on behalf of learned State
counsel on the said prayer.
9. Considering the same, the instant appeal is dismissed
as withdrawn.
10. However, it is left open upon the appellant to
approach the competent court of civil jurisdiction for
declaration of right and title over the property in question,
which, if filed, will be decided in accordance with law.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
Birendra/
