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2025 Supreme(Jhk) 317

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Naresh Yadav & Anr. - Appellant
Vs.
The State Of Jharkhand & Ors. - Respondent
W.P.(C) No.4693 of 2018
Decided On : 21-02-2025


Advocates:
Advocate Appeared:
For the Appellant :Mr. Bajrang Kumar, Advocate
For the State : Mr. Aishwarya Prakash, A.C. to S.C. (Mines)-I

Legal heirs have the right to intervene in ongoing proceedings to ensure proper representation.

Headnote:

(A) No specific laws or sections cited.

(B) The court considered the procedural aspects of interlocutory applications and the rights of legal heirs in proceedings.

(C)

Facts of the case:
The applications were filed by various parties related to a writ petition, with one seeking to intervene as a legal heir of a deceased respondent.

(D)

Findings of Court:
The court allowed the intervention of the applicant as a party-respondent in the writ petition. (E)

Issues: The main issue was the intervention of a legal heir in an ongoing writ petition. (F)

Ratio Decidendi: The court ruled that the applicant, being a legal heir, should be allowed to intervene, emphasizing the importance of representation of all legal heirs in the proceedings. (G)

Result: The application for intervention was allowed and the applicant was made a party-respondent.

ORDER :

RAJESH SHANKAR, J.

I.A. No.10067 of 2018:

1. The present interlocutory application has been filed on behalf of the petitioners for staying the operation of the order dated 28th July, 2018 passed by the Commissioner, Santhal Pargana Division, Dumka in R.M.A. No.178 of 2016-17.

2. Learned counsel for the petitioners submits that the present interlocutory application was filed in the year 2018 and he does not want to press the same at this belated stage. However, the petitioners may be given liberty to file fresh application seeking interim relief, if any such situation arises.

3. Considering the aforesaid submission, the present interlocutory application is dismissed as not pressed with aforesaid liberty.

I.A. No.9972 of 2024:

4. The present interlocutory application has been filed on behalf of applicants-Dropadi Devi and Bipin Kumar Singh @ Pappu Singh for acceptance of Vakalatnama filed on their behalf.

5. Considering that the said applicants have already been arrayed as respondent nos.2(a) and 3 respectively in the present writ petition, the Vakalatnama on their behalf is ordered to be accepted.

6. I.A. No.9972 of 2024 stands disposed of.

I.A. No.1498 of 2025:

7. The present interlocutory application has been filed by the applicant, namely, Nirbhay Kumar Singh son of Late Naresh Prasad Singh @ Naresh Singh resident of village-Gidhani, P.O.-Deopur, P.S.-Jasidih, Sub-Division and District- Deoghar, seeking intervention in the present writ petition as well as to direct the petitioners to implead him as party-respondent in the writ petition.

8. Learned counsel for the applicant submits that applicant is the youngest son and one of the legal heirs of original respondent no.2-Naresh Prasad Singh @ Naresh Singh, who has died during pendency of the present writ petition on 12th January, 2021 leaving behind Dropadi Devi, the respondent no.2(a), Bipin Kumar Singh @ Pappu Singh, the respondent no.3 as well as the applicant. The said fact is also evident from the affidavit of the respondent no.2(a) (the mother of the applicant) dated 17th April, 2021 in which the name of the applicant has been mentioned as her youngest son. The name of the applicant has also been mentioned in the genealogical list issued by the Circle Officer, Deoghar dated 17th March, 2021. The copies of affidavit of respondent no.2(a) and genealogical list have been annexed as Annexures-A/2 and A/1 respectively to the present interlocutory application. Under the said circumstance, the petitioners may be directed to implead the applicant as party-respondent in the writ petition.

9. Having heard the learned counsel for the parties and on prima facie consideration of the issue involved in the present writ petition as well as for the reasons stated in the present interlocutory application, the abovenamed applicant is permitted to intervene in the writ petition.

10. Hence, the learned counsel for the petitioners is directed to implead the applicant- Nirbhay Kumar Singh as respondent no.6 in the writ petition.

11. Necessary insertion in cause title of the writ petition be made by the learned counsel for the petitioners in course of the day.

12. I.A. No.1498 of 2025 stands disposed of.

W.P.(C) No.4693 of 2018:

13. Learned counsel for the petitioners is directed to serve a copy of the present writ petition along with other pleadings to the counsel for the newly impleaded respondent no.6 within a period of one week.

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