Dismissed¶47

Laxman Singh Pahan Since Deceased Represented by Narendra Kachhap v. State of Jharkhand

Jharkhand HC12 Jun 2024LPA/85/2023

Case brief

AI extract

What is this about?

Keywords: L.P.A. No.85 of 2023; High Court of Jharkhand at Ranchi; dismissal of appeal as withdrawn; abatement of writ petition; W.P. (C) No.6466 of 2007; C.M.P. No.463 of 2022; Order XXII Rule 9(2) Code of Civil Procedure, 1908; clause 10 Letters Patent; Bihar Tenants Holding (Maintenance of Records) Act, 1973; revenue authority order; declaration of right and title; possession and title dispute; liberty to file civil suit; land dispute, Khunti/Ranchi.

What did the court decide?

Appeal dismissed as withdrawn, with liberty left open to the appellants to approach the competent court of civil jurisdiction for declaration of right and title over the property in question ¶47

Laxman Singh Pahan Since Deceased Represented by Narendra Kachhap Vs State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No.85 of 2023

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-----

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Laxman Singh Pahan, since deceased, Son of Late Uday Pahan and represented by

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Narendra Kachhap, aged about 62 years, Son of Late Laxman Kachhap,

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Jitendra Kachhap, aged about 35 years, Son of Yogendra Kachhap,

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Mangal Pahan, aged about 72 years, Son of Jai Ram Pahan and

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Shailendra Kachhap, aged about 30 years, Son of Late Chaman Kachhap. All the legal heirs No. 1 to 4 are the resident of villageTakra, P.O. Hathurdami, P.S. Khunti, District- Khunti, Jharkhand. … … Appellants Versus

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State of Jharkhand

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The Deputy Commissioner, Ranchỉ now Khunti

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Deputy Collector Land Reforms, Khunti, Ranchi now Khunti

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Circle Officer, Khunti, Ranchi now Khunti

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Jai Ram Oraon, Son of Late Birsa Oraon

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Bhathu Oraon, Son of Late Birsa Oraon

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Jai Ram Gari, Son of Late Manu Oraon

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Jagnath Gari, Son of Late Birsa Oraon

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Sukra Oraon, Son of Late Nathua Oraon

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Mithu Oraon, Son of Late Rama Oraon

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Nathua Oraon, Son of Late Doman Oraon

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Goinda Oraon, Son of Late Arjun Oraon

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Sukra Oraon @ Tota Oraon, Son of Late Karma Oraon

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Doman Oraon, Son of Late Karma Oraon

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Arjun Oraon, Son of Late Karma Oraon

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Birsa Oraon, Son of Late Karma Oraon

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Binod Tirkey, Son of Late Madi Oraon

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Sadho Tirkey, Son of Late Zakra Oraon/

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Sanicharwa Tirkey, Son of Late Jagna Oraon

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Gahna Tirkey, Son of Late Sadho Oraon

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Bhathu Oraon, Son of Late Sukra Oraon,

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1. Karma Oraon, Son of Late Sukra Oraon

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Chotka Bhathu Oraon, Son of Late Jauru Oraon

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Chamra Toppo, Son of Late Budhwa Oraon

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Sukra Topo, Son of Late Budhwa Oraon

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Jauru Toppo, Son of Late Budhwa Oraon

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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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Order No. 10 / Dated 12^th June, 2024

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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.

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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.

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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.

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5. The appellant had preferred a petition before the same court for setting aside the order of abatement in the light of

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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.

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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.

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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.

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8. There is no opposition on behalf of learned State counsel on the said prayer.

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9. Considering the same, the instant appeal is dismissed as withdrawn.

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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.

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(Sujit Narayan Prasad, J.)

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(Arun Kumar Rai, J.)

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Birendra/

Laxman Singh Pahan Since Deceased Represented by Narendra Kachhap v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Laxman Singh Pahan Since Deceased Represented by Narendra Kachhap v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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