Jharkhand High Court
Mostt. Sukri Devi & Ors vs Deputy Commissioner on 16 January, 2025
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No. 176 of 2018
Mostt. Sukri Devi & Ors. ... ... Appellants
Versus
Deputy Commissioner, Hazaribagh & Anr.
... ... Respondents
With
F.A. No. 177 of 2018
Dhaneshwar Karmali & Ors. .... .... Appellants
Versus
Deputy Commissioner, Hazaribagh, now Ramgarh & Anr.
.... .... Respondents
With
F.A. No. 179 of 2018
Birja Bedia & Ors. .... .... Appellants
Versus
State of Jharkhand through Deputy Commissioner, Hazaribagh now
Ramgarh & Anr.
.... .... Respondents
With
F.A. No. 182 of 2018
Most. Rathiya Devi & Ors. .... .... Appellants
Versus
Deputy Commissioner, Hazaribagh now Ramgarh & Ors.
.... .... Respondents
With
F.A. No. 184 of 2018
Shivcharan Bedia & Ors. .... .... Appellants
Versus
Deputy Commissioner, Hazaribagh now Ramgarh & Anr.
.... .... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellant : Mr. Mitul Kumar, Advocate
For the Resp. U.O.I. : Mr. Sunil Kumar, Advocate
[In F.A.No. 176 of 2018, F.A. No. 182 of 2018 and
F.A.No. 184 of 2018]
For the State : Mr. Sharabhil Ahmed, AC to SC Mines-I
[In F.A. No. 176 of 2018]
For Resp. No. 1 & 2 : Mr. Nawal Kishor Pandey, AC to SC (L&C) I
[In F.A.No. 179 of 2018 and F.A.No. 184 of 2018]
---
07/16.01.2025
F.A. No. 176 of 2018 with I.A. No. 2469 of 2022.
1. As per the office note, the appeal is barred by limitation of 26
days.
2. The Interlocutory Application No. 2469 of 2022 has been filed
seeking condonation of delay of 26 days in filing this appeal.
3. The learned counsel for the respondents has no serious
objection with regard to condonation of delay.
4. Being satisfied with the cause shown in the Interlocutory
Application No. 2469 of 2022, the delay in filing this appeal is
condoned and Interlocutory Application No. 2469 of 2022 is hereby
allowed.
F.A. No. 176 of 2018 with I.A. No. 4540 of 2022
5. The Interlocutory Application No. 4540 of 2022 has been filed
seeking substitution on account of the death of appellant No. 1 namely
Most. Sukri Devi. She is said to have left behind two sons namely
Shivnarayan Bedia aged 36 years and Minu Bedia aged about 35
years.
6. The learned counsel for the respondents have no serious
objection with regard to the prayer for substitution.
7. Considering the aforesaid submissions, the Interlocutory
Application No. 4540 of 2022 is hereby allowed.
8. The learned counsel for the appellants is directed to delete the
name of the Appellant No. 1 from the cause title and insert the names
of the legal representatives of the Appellant No. 1, who are entitled to
pursue present appeal, in the cause title 'in red ink' during the course
of the day.
F.A. No. 177 of 2018 with I.A. No. 2468 of 2022
9. As per the office note the appeal is barred by limitation of 26
days.
10. The Interlocutory Application No. 2468 of 2022 has been filed
seeking condonation of delay of 26 days in filing this appeal.
11. The learned counsel for the respondents has no serious
objection with regard to prayer of condonation of delay.
12. Being satisfied with the cause shown in the Interlocutory
Application No. 2468 of 2022, the delay in filing this appeal is
condoned and Interlocutory Application No. 2468 of 2022 is hereby
allowed.
F.A. No. 179 of 2018 with I.A. No. 2466 of 2022
13. As per the office note the appeal is barred by limitation of 26
days.
14. The Interlocutory Application No. 2466 of 2022 has been filed
seeking condonation of delay of 26 days in filing this appeal.
15. The learned counsel for the respondents has no serious
objection with regard to prayer of condonation of delay.
16. Being satisfied with the cause shown in the Interlocutory
Application No. 2466 of 2022, the delay in filing this appeal is
condoned and the Interlocutory Application No. 2466 of 2022 is
hereby allowed.
F.A. No. 182 of 2018 with I.A. No. 2464 of 2022
17. The Interlocutory Application No. 2464 of 2022 has been filed
seeking condonation of delay of 26 days in filing this appeal.
18. The learned counsel for the respondents has no serious
objection with regard to prayer of condonation of delay.
19. Being satisfied with the cause shown in the Interlocutory
Application No. 2464 of 2022, the delay in filing this appeal is
condoned and the Interlocutory Application No. 2464 of 2022 is
hereby allowed.
F.A. No. 182 of 2018 with I.A. No. 4446 of 2022
20. The learned counsel for the appellants submits that the awardee
No. 1 namely Bandhan Bedia, S/o: Late Biglaha Bedia died on
24.02.2018 leaving behind his wife and two sons. He submits that the
legal heirs have already been made party in the appeal.
21. In view of the fact that Bandhan Bedia expired after the
judgment and the decree passed in the present case, which was passed
in December, 2017, they may be permitted to join the present
proceedings and for this the Interlocutory Application No. 4446 of
2022 has been filed.
22. The learned counsel for the respondents has no serious
objection to the prayer made in the Interlocutory Application.
23. Considering the aforesaid submissions, Interlocutory
Application No. 4446 of 2022 is hereby allowed.
24. The office defect in connection with the same is hereby
ignored.
25. The appellant No. 1, 2 and 3 who are the legal representatives
of Bandhan Bedia have already been made parties in the memo of
appeal.
F.A. No. 184 of 2018 with I.A. No. 2463 of 2022
26. As per the office note the appeal is barred by limitation of 26
days.
27. The Interlocutory Application No. 2463 of 2022 has been filed
seeking condonation of delay of 26 days in filing this appeal.
28. The learned counsel for the respondents has no serious
objection with regard to prayer of condonation of delay.
29. Being satisfied with the cause shown in Interlocutory
Application No. 2463 of 2022, the delay in filing this appeal is
condoned and Interlocutory Application No. 2463 of 2022 is hereby
allowed.
F.A. No. 176 of 2018, F.A. No. 177 of 2018, FA. No. 179 of 2018,
F.A. No. 182 of 2018 and F.A. No. 184 of 2018
30. The learned counsel for the appellants submits that all these
cases are related to Village- Kadru near Patratu. He submits that the
matters arising out of the same land acquisition proceedings have
been posted on 04th February, 2025.
31. Post these cases on 04th February, 2025.
(Anubha Rawat Choudhary, J.)
Rakesh/-
