Shanti Prakash And Another vs State Of Jharkhand And Others
2026 Latest Caselaw 1647 Jhar

Jharkhand High Court

Shanti Prakash And Another vs State Of Jharkhand And Others on 9 March, 2026

Author: Rajesh Shankar

Bench: Rajesh Shankar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
            L.P.A. No. 701 of 2023
Shanti Prakash and Another ...     ...   ...   ...   Appellants
                        Versus
State of Jharkhand and Others      ...     ...     ...   Respondents
                        ---------

CORAM:             HON'BLE THE CHIEF JUSTICE
             HON'BLE MR. JUSTICE RAJESH SHANKAR
                        ---------
For the Appellants:     Mr. Rahul Kumar, Advocate
For Resp.1-7/State:     Md. Shahabuddin, S.C.-VII
For Resp. Nos.6&7:      Mr. Abhishek Sriwastava, Advocate
                        ---------
10/Dated: 09.03.2026

I.A. No. 2557 of 2024

1.     Heard the parties.

2. This I.A. seeks condonation of delay of 80 days in instituting this

appeal.

3. The reasons for the delay have been set out in paragraphs 6 to

11 of the interim application.

4. We are satisfied that such reasons constitute sufficient cause.

The delay is also not inordinate.

5. Therefore, we condone the delay of 80 days and dispose of this

Interlocutory Application.

6. This Interlocutory Application seeks leave to appeal the learned

Single Judge's order dated 14.09.2023.

7. The applicants/appellants have pointed out that they were not

parties to the writ petition W.P. (C) No. 4831 of 2023 in which the

impugned order was made directing the Circle Officer to demarcate

the land in which the present applicants claim interest.

8. The learned counsel for respondent nos. 6 and 7 submits that

the present applicants have no rights in the property which was the

subject matter of W.P. (C) No. 4831 of 2023. He submits that no leave

should therefore be granted to the applicants.

9. The learned counsel for the applicants points out that in the

original demarcation proceedings, the applicants were the parties.

10. At this stage, it is not as if we are deciding the rival contentions

of the parties finally. However, we are satisfied that the applicants are

not mere busybodies, but, they had sufficient interest in questioning

the learned Single Judge's order which, they claim, affects them. This

is more so, since, the learned Single Judge has now ordered

demarcation and in the demarcation proceedings originally instituted

before the authorities, the applicants were also parties.

11. Therefore, by keeping open the contentious issues of

entitlement or disentitlement, we dispose of this interim application by

granting the applicants leave to appeal the order dated 14.09.2023

passed in W.P. (C) No. 4831 of 2023.

12. I.A. No. 1170 of 2026 is disposed of.

13. List the appeal for further consideration on 7th of April 2026.

(M. S. Sonak, C.J.)

(Rajesh Shankar, J.) March 09, 2026 Manoj/ Sharda/Cp.1