Dismissed

Pramesh Tiwary and Anr. v. the State of Jharkhand through Its Chief Secretary and Ors.

Jharkhand HC1 Mar 2021WPC/2729/2013

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition under Article 226 seeking to challenge an order directing creation of Jamabandi. The petitioner withdrew the petition with liberty to approach the civil court for declaration of title. The writ petition stands disposed of.

What did the court decide?

The writ petition has been dismissed as withdrawn with liberty to approach the competent court of civil jurisdiction.

Pramesh Tiwary and Anr. Vs the State of… — Pension and Retirement Benefits | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (C) No. 2729 of 2013

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1.Pramesh Tiwary, son of Late Damodar Tiwary

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2.Uday Tiwary, son of Late Ram Naresh Tiwary

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Both residents of Redma, P.O – Medni Nagar, P.S. Medni Nagar (T), District – Palamu. …… Petitioner

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Versus

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1.The State of Jharkhand through its Chief Secretary, Project Building, P.O & P.S. Dhurwa, District – Ranchi

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2.Additional Collector, Palamau, P.O Medni Nagar, P.S. Daltonganj (T), District – Palamau.

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3.Anchal Adhikari, Sadar Anchal, P.O Medni Nagar, P.S. Daltonganj (T), District – Palamau.

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4.Halka Karamchri, Halka No. 3, Sadar, P.O Medni Nagar, P.S. Daltonganj (T), District – Palamau.

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5.Shri Kameshwar Tiwary

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6.Shri Nand Gopal Tiwary

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Both sons of Late Raj Giriwar Tiwary, Village- Lahlahe, P.O. Khamdih, P.S. Medni Nagar (Sadar), District – Palamau. …… Respondents

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------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD -------

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For the Petitioner : Mr. A.K. Sahani, Advocate Mr. A.K. Pandey, Advocate For the Respondents : Mr. Suraj Prakash, A.C to G.A. II ----------------------------

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5 / Dated 1^st March, 2021

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The matter has been taken up through video conferencing.

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The instant writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order passed by respondent no. 2- Additional Collector, Palamau dated 27.08.2012 in Misc. Case No. 33 of 2012-13 is under

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challenge, by which, the respondent no. 3-Anchal Adhikari has been directed to create Jamabandi in the name of private respondent nos. 5 and 6.

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Mr. Suraj Prakash, A.C to learned G.A. II appearing for the respondents-State submits that the judgment passed in Probate Case No. 34 of 1958 and Title Suit No. 2/1 of 1959-60 whereby and whreunder the writ petitioner is claiming title on the basis of will, which has been subjected to probate, has been found by the Court of Probate as forged one which has been affirmed by the Patna High Court in the order passed in Appeal No. 534 of 1964 and, therefore, whatever order has been passed by the Additional Collector cannot be said to suffer from any infirmity.

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He further submits that in that view of the matter, in the instant writ petition since the writ petitioner is seeking declaration of right and title, which cannot be adjudicated in writ jurisdiction.

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Upon such submission, learned counsel for the petitioner has submitted that he may be permitted to withdraw the writ petition with liberty to approach before the competent court of Civil jurisdiction for declaration of right, title and interest.

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In view of submissions advanced by learned counsel for the parties, the instant writ petition is dismissed as withdrawn.

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Needless to say that if such application is filed before the competent Court of civil jurisdiction, the same will be decided without being prejudiced by any of the observations made by this Court, in accordance with law.

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With the aforesaid observations and directions, the writ petition stands disposed of.

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(Sujit Narayan Prasad, J.)

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Alankar/-

Pramesh Tiwary and Anr. v. the State of Jharkhand through Its Chief Secretary and Ors.

Case brief

What is this about?

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Pramesh Tiwary and Anr. v. the State of Jharkhand through Its Chief Secretary and Ors.

Case brief

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What did the court decide?

What the court decided

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