Jharkhand High Court
Basudeo Prasad Prajapati & Ors vs The Union Of India & Ors on 12 July, 2022
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 3142 of 2020
Basudeo Prasad Prajapati & Ors. .... .. ... Petitioner(s)
Versus
The Union of India & Ors. .. ... ... respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO .........
For the Petitioners : Mrs. Jasvindar Mazumdar, Advocate For the respondent(s)/SAIL : Mr. Vijay Kant Dubey, Advocate ......
06/ 12.07.2022. I.A. No.4836 of 2022 Mrs. Jasvindar Mazumdar, learned counsel for the petitioners has submitted, that I.A. No.4836 of 2022 has been filed to ignore the defect No.7, as the petitioners do not want to rely upon Page nos.82, 83, 112, 114, 139, 141 which has been filed by the petitioners in the instant Writ Petition.
Mr. Vijay Kant Dubey, learned counsel for the Respondents- SAIL has no objection.
Considering the same, the prayer made in the instant I.A. stands allowed. Accordingly, those pages are expunged from the records. Office is directed to write in Red ink that these pages have been expunged vide the aforesaid order.
I.A. No.3779 of 2022.
Mrs. Jasvindar Mazumdar, learned counsel for the petitioners has submitted, that the aforesaid I.A. has been filed to bring on record the proposed legal heirs of petitioner no.1 (Basudeo Prasad Prajapati) who died on 10.06.2021, which are as follows :-
(a) Asha Devi, W/o Late Basudeo Prasad Prajapati
(b)Anand @ Amit Anand, S/o Late Basudeo Prasad Prajapati
(c)Vinita Kumar, D/o Late Basudeo Prasad Prajapati
(d) Swati, D/o Late Basudeo Prasad Prajapati Mrs. Jasvindar Mazumdar, learned counsel for the petitioners has submitted that photocopy of the death certificate of petitioner no.1 has also been brought on record as Annexure-1 to the I.A. Mrs. Jasvindar Mazumdar, learned counsel for the petitioners has further submitted that vakalatnama on their behalf has already been filed in the instant I.A. Mrs. Jasvindar Mazumdar, learned counsel for the petitioners has further submitted that the proposed legal heirs of petitioner no.1 (Basudeo Prasad Prajapati) may be substituted as 1(a), 1(b), 1(c), 1(d) in place of petitioner no.1.
Mr. Vijay Kant Dubey, learned counsel for the Respondents- SAIL has no objection.
Considering the same, the prayer made in the instant I.A. stands allowed.
-2-Learned counsel for the petitioners is directed to make necessary correction as aforesaid within a week.
W.P.(C) No. 3142 of 2020.
Mr. Vijay Kant Dubey, learned counsel for the Respondents- SAIL has submitted that the judgment of Apex Court passed in the case of M/s Steel Authority of India Ltd. vs. Raghbendra Singh & Ors., in Petition(s) for Special Leave to Appeal [C] No(s).11025/2020 has distinguished the case. As such, in view of the averments made in Para-51 of the Writ Petition with regard to initiation of proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, the instant Writ Petition may be dismissed with a liberty to the the petitioner so as to take legal recourse before the Competent court of law.
Mrs. Jasvindar Mazumdar, learned counsel for the petitioners has submitted, that some time may be granted so as to take instruction in the matter.
Considering the same, put up this case on 22.07.2022 so as to assist this Court properly.
In the meantime, Respondent-SAIL is at liberty to file counter-affidavit in this case.
(Kailash Prasad Deo, J.) Sandeep/