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2025 Supreme(Jhk) 228

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Dilip Khalkho and Others - Appellants
Versus
The State of Jharkhand and Others - Respondents
W.P. (C) No. 6230 of 2015
Decided On : 06-02-2025


Advocates:
Advocate Appeared:
For the Appellants : Abhay Kumar Mishra, Krishna Prajapati
For the Respondents: Neil Abhijit Toppo, Satish Kr. Keshri, Niranjan Kumar

Legal representatives may substitute deceased parties in ongoing litigation, ensuring due process is followed to uphold justice.

Headnote:(A) No specific statutory provisions cited - The court addresses procedural matters regarding the substitution of deceased parties in a writ petition. The necessity of maintaining status quo regarding the contested land was highlighted, while interlocutory applications were filed for substitutions and factual corrections. (Paras 4-6, 10-12)

(B) Substitution of Parties - Legal heirs may be substituted for deceased respondents in ongoing proceedings when such death occurs during pendency. (Paras 5-6, 10-11)

(C) Status Quo - The court reinforced the importance of maintaining the status quo with respect to properties involved in ongoing litigation. (Paras 14-15)

Facts of the case:
The court had to address the substitutions of two deceased respondents during the pendency of a writ petition, as well as an application for maintaining status quo over contested land. Death certificates were presented as evidence for the substitutions.

Findings of Court:
The court allowed for the substitution of the legal heirs of deceased respondents and dismissed a status quo application as not pressed.

Issues: The main issues revolved around the legal implications of substituting deceased parties in litigation and maintaining status quo.

Ratio Decidendi: The court established that legal representatives may step in for deceased parties during litigation, emphasizing the need for procedural adherence for proper administration of justice.

Result: Applications for substitution of respondents allowed; status quo application dismissed as not pressed.

Table of Content
1. introduction of interlocutory applications and identity issues. (Para 1 , 2)
2. court's direction for inquiries and necessary substitutions based on applications. (Para 3 , 6 , 11)
3. substitution of deceased respondent no.3 with legal representatives. (Para 4 , 5)
4. procedural requirements for substitution of parties. (Para 8)
5. substitution of deceased respondent no.6 with legal representative. (Para 9 , 10)
6. orders regarding the future proceedings in the case. (Para 12)
7. administrative orders regarding status quo and compliance. (Para 14 , 16 , 17 , 18 , 19)

ORDER :

1. Reference may be made to the order dated 6th September, 2021, whereby the petitioners were directed to file rejoinder to I.A. No.4232 of 2016 filed for intervention in the writ petition. They were also granted time to file substitution petitions for impleadment of legal heirs of the respondent no.3, namely, Albert Khalkho and respondent no.6, namely, Laxman Oraon @ Laxman Khalkho. It was further observed in the said order that the said intervention application filed for arraying the intervener-Charwa Oraon, son of Late Temba Oraon and substitution petitions to be filed for substitution of the respondent nos.3 and 6 would be considered first.

2. I.A. No.1491 of 2016 has been filed on behalf of the petitioners seeking factual correction/modification in paragraph no.5 of the writ petition, whereas, rejoinder to the intervention application has been filed on behalf of the petitioners questioning the actual identity of the applicant-Charwa Oraon.

3. Under the said circumstance, the Officer-in-Charge of the Mandar Police Station is directed to make an inquiry with respect to the identity and whereabouts of the applicant- Charwa Oraon s/o Late Temba Oraon, resident of Vilage- Mandar, P.O. & P.S. Mandar, District-Ranchi, Jharkhand and to submit a report within a period of four weeks.

I.A. No. 5309 of 2021:

4. The present interlocutory application has been filed on behalf of the petitioners for substitution of the respondent no.3, namely, Albert Khalkho who has died during pendency of the writ petition.

5. Learned counsel for the petitioners submits that the respondent no.3 has died during pendency of the writ petition on 13th October, 2019. A copy of his death certificate has been annexed as Annexure-A to the present interlocutory application. It is further submitted that the deceased respondent no.3 had two sons, namely, Sandeep Khalkho and Chaman Khalkho and out of them, the second son Chaman Khalkho had pre-deceased his father leaving behind his widow, namely, Bishun Khalkho. The description of the said heirs/legal representatives of the deceased respondent no.3 has been given in paragraph no.3 of the present interlocutory application. Hence, the said heirs/legal representatives of the deceased respondent no.3 may be permitted to be substituted in his place.

6. Having heard the learned counsel for the parties and for the reasons stated in the present interlocutory application, let the deceased respondent no.3 be substituted with his heirs/legal representatives whose descriptions have been given in paragraph no.3 of the present interlocutory application.

7. Necessary substitution in the cause title of the writ petition be made by the counsel for the petitioners in course of the day.

8. I.A. No.5309 of 2021 stands disposed of.

I.A. No. 9128 of 2022:

9. The present interlocutory application has been filed on behalf of the petitioners for substitution of the respondent no.6, namely, Laxman Oraon @ Laxman Khalkho who has died during pendency of the writ petition.

10. Learned counsel for the petitioners submits that the respondent no.6 had died on 21st February, 2012 that is prior to filing of the writ petition. The petitioners came to know about the death of the respondent no.6 through I.A. No.8513 of 2022 filed on behalf of the legal representative of the respondent no.6 on 13th September, 2022. It is further submitted that the deceased respondent no.6 has left

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