Jharkhand High Court
Seventh Day Adventist Senior Secondary ... vs The State Of Jharkhand & Others on 17 January, 2020
Author: B.B. Mangalmurti
Bench: B.B. Mangalmurti
IN THE HIGH COURT OF JHARKHAND AT RANCHI.
I.A. No. 237 of 2020
in
W.P. (C) No. 1604 of 2008
...
Seventh Day Adventist Senior Secondary School, Khunti through its Principal, Jonathan Kuzur .... .... .... Petitioner Versus The State of Jharkhand & Others .... .... .... Respondents ...
CORAM: - HON'BLE MR. JUSTICE B.B. MANGALMURTI ...
For the Petitioner : Mr. Vishal Kumar, Advocate For the Respondent Nos. 1 to 5 :- Mr. Samir Kumar Lall, A.C. to S.C. II ...
I.A. No. 237 of 2020 ...
11/17.01.2020 Heard learned counsel on behalf of the petitioner.
2. Learned counsel appearing on behalf of respondent nos. 1 to 5 is present, but, no one appears on behalf of respondent nos. 7 and 10.
3. It is submitted on behalf of petitioner that the instant application has been filed for substitution of legal heirs of respondent no. 8, namely, Aghnu Pahan, son of late Birsa Pahan as well as for issuance of fresh notice upon respondent no. 6, Lohra Paha and respondent no. 12, Koda Pahan, both sons of late Birsa Pahan.
4. It is further submitted that respondent no. 8, namely, Aghnu Pahan, died leaving behind his only son Sukra Pahan, therefore, the name of Sukra Pahan be substituted in place of respondent no. 8, as his legal heir as respondent no. 8A.
5. It is further submitted that as per the office note, notice could not be served upon respondent no. 6 and respondent no. 12, although both are sons of late Birsa Pahan and residing at the same address, therefore, it is prayed that fresh notice may be issued upon newly added person, Sukra Pahan, respondent no. 8A as well as respondent nos. 6 and 12.
6. In view of the above prayer, I.A. No. 237 of 2020 is allowed and, accordingly, disposed of.
...
W.P. (C) No. 1604 of 2008...
7. Learned counsel for the petitioner is permitted to carry out the necessary correction in the cause title of the writ application in red ink in place of respondent no. 8.
8. It is further directed that the requisites for issuance of notice upon newly added respondent no. 8A as well as respondent nos. 6 and 12 by ordinary process, must be filed within two weeks.
9. Returned copy, if any, available on the record is also permitted to be utilized by the learned counsel for the petitioner.
10. On submission of requisites, office is directed to issue the same forthwith, fixing the date for appearance on 15th April, 2020.
(B.B. Mangalmurti, J.) APK/Rajnish