KHUSHAL ARJUN RATHOR v. THE STATE OF JHARKHAND THROUGH THE SECRETARY DEPTT OF MINES AND GEOLOGY
WPC/5276/2022 · 2025-10-08
Rajesh Kumar, Sujit Narayan Prasad
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 33731 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33731 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:31049-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.5276 of 2022 ---- Kushal Arjun Rathor, age about 77 years, Son of Late Arjun Ladha, resident of Near Head Post Office, Chaibasa, West Singhbhum, P.O –Chaibasa, P.S-Sadar, District-West Singhbhum
…. …. Petitioner -Versus-
1. State of Jharkhand through the Secretary, Department of Mines & Geology, having its office at Nepal House, P.O and P.S-Doranda, District-Ranchi
2. Union of India through the Secretary, Ministry of Mines, 3rd Floor, Shastri Bhawan, P.O and P.S Shastri Bhawan, District-New Delhi
3. Indian Bureau of Mines Through the Regional Controller of Mines (RCOM), having it’s office at, 318-B, Road No.3, Ashok Kunj, Ashok Nagar, Ranchi, P.O Doranda, P.S-Argora, District-Ranchi
4. The Secretary, Ministry of Environment and Forest Climate Change (MoEF&CC), Indira Parayavahan Bhawan, Jorbagh Road, P.O and P.S Lodhi Road, District-Ranchi
5. The Secretary, Department of Forest, Environment and Climate Change, Government of Jharkhand, having it’s office at Van Bhawan, Doranda P.O and P.S-Doranda, District-Ranchi
6. The Office of Principal Chief Conservator of Forest, Wildlife & Chief Wildlife Warden 88VC+397, Forest Officer’s Colony, Doranda, P.O and P.S-Doranda, District-Ranchi
7. The Divisional Forest Officer, Chaibasa, Jharkhand, P.O and P.S Chaibasa, District-Chaibasa.
…. …. Respondents ----
CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE RAJESH KUMAR ----
For the Petitioner
: Mr. Indrajit Sinha, Advocate
: Mr. Raunak Sahay, Adv.
: Mr. Naveen Kumar, Adv.
: Mr. Raj Kumar Bhangava, Adv.
For the Resp.-State
: Mr. Shray Mishra, AC to AG
For the Resp.UOI
: Mr. Shiv Kumar Sharma, Sr. Panel Counsel ----
Order No.25/Dated: 08th October, 2025
1. The writ petition has been filed by one namely, Kushal Arjun Rathor (the petitioner herein).
2.
Learned counsel for the petitioner by pressing the interlocutory application being I.A No.12332 of 2025 has submitted that the said application has been filed due to death of the writ petitioner namely, Kushal Arjun Rathor and the legal representatives are being intended to be substituted at his place.
2025:JHHC:31049-DB
3. An objection has been made on behalf of the State that substitution application can only be considered for substitution of the writ petitioner namely, Kushal Arjun Rathor through his legal heir, if the appropriate legal heir has already been substituted by making them party to the lease, which exercise is to be done by the State.
4. On this, learned counsel for the petitioner has submitted that to that effect an application has been filed before the Competent Authority, which is yet to be decided.
5.
Learned counsel for the petitioner in the aforesaid pretext and without making opposition to the stand taken on behalf of the State, has sought for leave of this Court to withdraw the present writ petition with a liberty to approach this Court afresh depending upon the outcome of the pending application which is lying pending before the Competent Authority for replacing the deceased petitioner namely, Kushal Arjun Rathor through his legal heirs by making them party to the lease.
6. Leaned counsel for the respondents are having no objection to the same.
7. Accordingly, the present writ petition is hereby, disposed of with a liberty to the applicants of the present interlocutory application to ventilate their grievance afresh depending upon the outcome of the pending application lying before the Competent Authority for replacing the deceased petitioner namely, Kushal Arjun Rathor by his legal heirs by making them party to the lease.
8. Consequently, I.A No.12332 of 2025 also stands disposed of.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.) 08.10.2025 A.Mohanty/Raja Uploaded