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2026 DAILYLAW 12292 (JHR)

THE STATE OF JHARKHAND THROUGH THE PRINCIPAL SECRETARY REVENUE REGISTRATION AND LAND REFORMS v. BIJAY SINGH

C.M.P./709/2025 · 2026-05-14

Sanjay Prasad, Sujit Narayan Prasad

body2026

Judgment text

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2026:JHHC:14978-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 709 of 2025 1. The State of Jharkhand through the Principal Secretary, Revenue, Registration and Land Reforms, Government of Jharkhand having its office at Project Building, Ranchi, P.O. & P.S.- Jagannathpur, District- Ranchi. …. --- Petitioner Versus 1. Bijay Singh, Aged about 43 years, S/o Late Thakur Singh 2. Maryad Singh, Aged about 53 years, S/o Late Dhum Singh 3. Bhimpad Singh, Aged about 47 years, S/o Late Chhutu Singh All R/o Village- Mahuda, P.O.- Silphore, P.S.- Pindrajora, District- Bokaro, Jharkhand. 4. The Deputy Commissioner, Bokaro, Camp-II, Bokaro Steel City, P.O.+P.S- Bokaro Steel City, District- Bokaro, Jharkhand. 5. The Circle Officer, Chas, Bokaro, P. O+P.S- Chas, District- Bokaro. 6. The Sub-Registrar, Bokaro, P. O+P.S- Chas, District- Bokaro. …. --- Opposite Parties --- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SANJAY PRASAD --- For the Petitioner: Mr. Ratnesh Kumar, Advocate Mr. Rakesh Kr. Shahi, Advocate For the OP: --- 07 / 14.05.2026 The notice was issued by this Court vide order dated 17th March, 2026 on the substitution petition being I.A. No. 3549 of 2026, and on the limitation, petition being I.A. No. 9646 of 2025 as also in the main petition. 2. The office note dated 07.05.2026 reflects that the notice were issued to the legal heirs of the deceased O.P. No.2 i.e. 2(i), to 2(iv) in the matter of substitution petition bearing I.A. No. 3549 of 2026, limitation petition bearing I.A. No.9646 of 2025 as also in the matter of main petition, and as per the service report, the notice has been validly served upon O.P. 2(i) and the notice upon the O.P. 2(ii) to 2(iv) shown to be received by their mother, who is O.P. No.2(i). 3. Earlier services of notices of O.P. No.1 and 3 were also validly served. 4. This Court, therefore, is of the view that in view of the office note dated 07.05.2026, the notice is treated to be validly served. 2 I.A. No. 3549 of 2026 5. The instant interlocutory application has been filed for grant of leave of this Court forimpleadment of the legal heir of Respondent No.2 in place of deceased Respondent No.2 Maryad Singh as he died on 08.08.2018 during pendency of the Writ Petition being W.P.C. NO.-1674/2018. 6. It has been stated by the learned counsel thatthe Respondent No.2 namely Maryad Singh although died on 08.08.2018 but was not substituted in the Letters Patent Appeal as it was not within the knowledge of the appellant at the time of filing of L.P.A that the Respondent No.2 namely Maryad Singh died on 08.08.2018. 7. It has further been submitted that other writ petitioners at the time of passing of the order dated 03.11.2022passed in W.P.C. NO.-1674/2018 did not disclose about the death of Maryad Singh (respondent no.2) and therefore, he was impleaded in L.P.A. No. 74 of 2023 as respondent no.2. 8. In view of the above, I.A. No. 3549 of 2026for impleadment of the legal heir of Respondent No.2 is hereby allowed and as such disposed of. I.A. No. 9646 of 2025 9. This Interlocutory Application has been preferred under Section 5 of the Limitation Act for condoning the delay of 274 days in preferring this petition. 10. Heard the petitioner. 11. Having regard to the averment made in the application and submissions made on behalf of the petitioner, we are of the view that the petitioner was prevented from sufficient cause in filing the instant petition within the period of limitation as such, the delay of 274 days in preferring the present petition is hereby condoned. 12. I.A. No. 9646 of 2025 stands allowed. 3 C.M.P. No. 709 of 2025 13. Heard the learned counsel for the petitioner. 14. The present application has been filed for restoration of L.P.A. No. 74 of 2023 to its original file which has been dismissed for default vide order dated 09.05.2024 for non-compliance of the peremptory order dated 18.04.2024. 15. The reason has been assigned that the defects pointed out by the office was directed to be removed within three weeks, failing which, the appeal shall stand dismissed without further reference to the Bench. 16. It has been stated that the petitioner could not procure the relevant documents for removing the surviving defects on time as such case was dismissed on 09.05.2024 for non-compliance of order dated 18.04.2024. The said order was communicated to the petitioner on 13.08.2024. 17. It has been stated that although some of the defects were removed within the peremptory time, but some defect could not have been removed. 18. The learned counsel appearing for the petitioner has submitted that if the present petition will not be allowed the appellant will suffer irreparable loss and injury. 19. Considering the same, the present petition is allowed. 20. In consequence thereof, the Letters Patent Appeal being L.P.A. No. 74 of 2023 is restored to its original file subject to removal of defect within two weeks after re-opening of the Court after summer vacation. (Sujit Narayan Prasad, J.) (Sanjay Prasad, J.) Date: 14.05.2026 RKM