Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 1116 of 2024
1. Mannu Das, aged about 65 years
2. Prem Kumar Das @ Prem Das, aged about 55 years
3. Bachu Das, aged about 53 years All sons of late Tetu Das
4. Bimal Das, aged about 67 years, son of late Mithu Das All are residents of village and P.O. Kenmankathi, P.S. Jasidih, District-Deoghar, Jharkhand
….. Petitioners Versus
1. Rajesh Kumar Singh, son of late Trilochan Singh
2. Satya Narayan Singh, son of late Trilochan Singh
3. Suraj Singh, son of late Karu Singh All are residents of village and P.O. Kenmankathi, P.S. Jasidih, District-Deoghar, Jharkhand
4. The State of Jharkhand represented through the Deputy Commissioner, Deoghar, P.O. and P.S. Deoghar, District-Deoghar, Jharkhand
5. The District Engineer, District Board, Deoghar, P.O. and P.S. Deoghar, District-Deoghar, Jharkhand
6. The Assistant Engineer of Deoghar Block, Deoghar, P.O. and P.S. Deoghar, District-Deoghar, Jharkhand
…... Opposite Parties
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CORAM: HON’BLE MR JUSTICE SANJAY KUMAR DWIVEDI, J.
--- For the Petitioner : Mr. Arvind Kr. Choudhary, Advocate For the Opp. Party-State :Mr. K.K. Bhatt, A.C. to S.C.-I
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04/06.01.2025
This petition has been filed under Article 227 of the Constitution of India for quashing the order dated 24.07.2024 (Annexure-2) passed by the Civil Judge (Senior Division)-IX, Deoghar in Misc. Civil Application No. 323 of 2023 arising out of Original Suit No. 62 of 2011 whereby the civil miscellaneous application filed under
Order 1 Rule 10 of C.P.C. has been rejected.
2.
After some arguments, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to file suit for right, title and interest.
3.
Learned counsel for the State submits that if any cause
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of action is there, there is no question of any liberty and any person can approach the appropriate court.
4. Accordingly, this petition is dismissed as withdrawn. Pending I.A. if any, stands disposed of.
( Sanjay Kumar Dwivedi, J)
Satyarthi