Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 23409 (JHR)

OM PRAKASH JAISWAL v. STATE OF JHARKHAND

C.M.P./911/2023 · 2025-08-14

Gautam Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:23974 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 911 of 2023 ------ 1(a) Nandini Devi, wife of Late Om Prakash Jaiswal 1(b) Nilesh Kumar Jaiswal, son of Late Om Prakash Jaiswal 1(c) Akhilesh Kumar Jaiswal, son of Late Om Prakash Jaiswal 1(d) Shailesh Kumar Jaiswal, son of Late Om Prakash Jaiswal All residents of Bhagalpur Road, P.O. Dumka, P.S. Dumka (Town), District Dumka .... .... …. Petitioners Versus 1. State of Jharkhand 2. The Deputy Commissioner, Dumka, having office at Dumka, P.O., P.S. & District Dumka 3. The District Land Acquisition Officer, Dumka, having office at Dumka, P.O., P.S. & District Dumka 4. Krishna Kumar Jaiswal, son of Late Madadev Sah, son of Kumhar Pada, P.O. Dumka, P.S. Dumka (Town), District Dumka 5. Rukmini Devi, wife of Late Jamuna Sah, Durgasthan Road, P.O, Dumka, P.S. Dumka (Town), District Dumka .... .... .... Opposite Parties CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioners : Mr. Gaurang Jajodia, Advocate Ms. Medha Rudra, Advocate For the State : Mr. Sachin Kumar, A.C. to S.C. I For the O.P. No.4 : Mr. Onkar Nath Tiwary, Advocate Mr. Shamaiel Raza, Advocate Order No.07 / Dated : 14.08.2025 Petitioners are intervener applicants and are aggrieved by order dated 23.05.2023 passed in L.A. Case No.01/2016 whereby and whereunder the application of the petitioners under Order I, Rule 10(2) of the CPC, has been dismissed. 2. Learned trial Court has dismissed the application of impleadment relying on the judgment of Hon’ble Supreme Court in Smt. Ambey Devi Vs. State of Bihar & Another, AIR 1996 (SC) 1513, wherein it has been held that making an application in writing under Sub-sections 1 and 2 of Section 18 are conditions precedent for the Land Acquisition Officer to make a reference under Section 18. 3. It is submitted by the learned counsel that the petitioners have filed an application on 12.06.2023 before Land Acquisition Officer, but the same is kept pending and has not been referred to. 4. Having considered the submissions advanced on behalf of the petitioners, I do not find any infirmity in the impugned order. However, 2025:JHHC:23974 since an application has already been preferred by the petitioners before the Land Acquisition Officer, it needs to be disposed of on merit after hearing both sides within eight weeks of the order. Both the parties are directed to appear before the opposite party no.3- Land Acquisition Officer, Dumka on 25.08.2025. Civil Miscellaneous Petition, is accordingly, disposed of. Pending Interlocutory Application, if any, is disposed of. (Gautam Kumar Choudhary, J.) Anit