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2025 DAILYLAW 4512 (JHR)

SMT SUKRU ORAIN v. BIGU ORAON

C.M.P./91/2023 · 2025-01-14

Sanjay Kumar Dwivedi

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Judgment text

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1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- C.M.P. No. 91 of 2023 ---- 1.Smt Sukru Orain aged about 72 years d/o late Goenda Oraon, wife of Charo Oraon, resident of Village Parhe Path, PO and PS Ratu, District Ranchi 2.Smt. Bhukhi Oraon aged about 53 years d/o late Goenda Oraon w/o Somra Oraon resident of Village Mesal Murma PO and PS Mandar District Ranchi Defendants / Petitioner(s) -- Versus -- 1.Bigu Oraon son of late Jatu Oraon 2.Pero Oraon son of late Jatu Oraon 3.Bapto Oraon son of late Sawna Oraon 4.Parna Oraon son of late Sawna Oraon 5.Manna Oraon son of late Sawna Oraon 6.Etwa Oraon son of late Mahadeo Oraon 7.Gandru Oraon son of late Mahadeo Oraon 8.Chamra Oraon son of late Mahadeo Oraon 9.Kaila Oraon son of late Somra Oraon 10.Fakri Oraon son of late Somra Oraon 11.Buddu Oraon son of late Somra Oraon 12.Chama Oraon son of late Somra Oraon 13.Budu Oraon son of late Budhwa Oraon 14.Mangra Oraon son of late Budhwa Oraon 15.Udai Oraon son of late Budhwa Oraon 16.Charo Oraon son of Gomega Oraon 17.Ramjee Oraon son of Haswa Oraon All residents of Village Chitarkora, Chotkatoli, PO and PS Ratu, District Ranchi …… Plaintiffs/Respondents 18.Deputy Commissioner, Ranchi, PO GPO, PS Kotwali, District Ranchi ……. Defendant No.7/Respondent 19.Smt. Lakri Oraon, d/o late Goenda Oraon, wife Sibbu Oraon, resident of village Jaher Bargadi, PO and PS Mandar, District Ranchi 20.Smt. Shalgi Oraon, d/o late Goenda Oraon resident of Village Chatrakotta, PO and PS Ratu District Ranchi 21.Smt. Dhuchia Oraon D/o late Goenda Oraon wife of Panchu Oraon, resident of Village Karga Nawatoli, PO and P.S. Mandar District Ranchi 22.Mangri Orain, d/o late Goenda Oraon, resident of Village Maltoli, PO and P.S. Ratu, District Ranchi …. Defendants/Proforma Respondents-OPs ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner(s) :- none For the Opp.Party/State :- Mr. D.K. Roy, Advocate ---- 2 6/14.01.2025 On repeated call, nobody has responded on behalf of the petitioners. 2. Learned counsel for the respondent State is present. 3. This petition has been filed under Article 227 of the Constitution of India wherein the prayer has been made for direction upon the learned Civil Judge Junior Division XIII, Ranchi to dispose of Title Suit No.517 of 2010 (O.S. No.1923 of 2019) without any further delay as because the case has been pending for about 12 years. 2. Nothing has been disclosed in the petition to suggest as to how the delay has occurred due to non-action of the court. It is for the parties to take endeavour for disposal of the cases at the earliest. 3. In view of the judgment of Constitution Bench in the case of High Court Bar Association of Allahabad v. State of Uttar Pradesh and Others reported in (2024) 6 SCC 267. The direction for such prayer can be issued only in exceptional circumstances. In a routine way, the Constitutional Courts are not required to pass such order. For the issue of priortizing the disposal of cases, it is required to be left to the decision of the Court concerned where the cases are pending. 4. In view of the above, C.M.P. No.91 of 2023 is dismissed. 5. Pending petition, if any, also stands disposed of, accordingly. ( Sanjay Kumar Dwivedi, J.) SI/,