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2025 DIGILAW 270 (JHR)

Bimal Tirkey v. State of Jharkhand

2025-02-05

ANIL KUMAR CHOUDHARY

body2025
ORDER : I.A. No. 1819 of 2024 1. Heard the parties. 2. Learned counsel for the petitioners submits that this interlocutory application has been filed with a prayer to implead the intervenors namely Shiba Tirkey and Arvind Tirkey as respondent nos.5 and 6 in this instant writ petition. It is next submitted by the learned counsel for the intervenors that in this writ petition, the writ petitioners levelled allegations of grabbing lands of innocent villagers as well as their own lands by the intervenors and has made allegation against the intervenor no.1 Shiba Tirkey to be a land mafia and intervenor no.2 Arvind Tirkey being close to the local MLA of Mandar but the writ petitioners have purposedly not made the intervenors as respondents in order to ensure that an order of this Court for registration of the FIR against the intervenors is passed, behind their back. It is then submitted by the learned counsel for the intervenors that the subject matter of this writ petition is a land which has already been sold by the original khatiyani raiyat namely Dhunu Gorait and others to Parna Oraon- who is the father of the maternal uncle of the intervenor no.1 in the year 1943, by way of registered sale deed dated 13.01.1943 and vide agreement dated 10.07.2017 the intervenor no.1 entered into an agreement with the descendants of Parna Oraon and others in connection with 74.72 acres of land out of 88.59 acres of land under khata no.8, Mouza -Adra, P.S. -Burmu, Dist.-Ranchi. It is further submitted by the learned counsel for the intervenors that the intervenor no.1 is a property dealer since the year 2018 and has been granted trade license for the same from the Ranchi Municipal Corporation and the license has been renewed from time to time. Hence, it is submitted that the prayer as made in this interlocutory application be allowed. Learned counsel for the petitioners submits that the petitioners have no objection if the two intervenors are impleaded as respondent nos.5 and 6 of this writ petition. 3. Learned counsel for the State also submits that the State has also no objection if the intervenor nos.1 and 2 are arrayed as respondent nos.5 and6 to this writ petition. 4. Learned counsel for the petitioners submits that the petitioners have no objection if the two intervenors are impleaded as respondent nos.5 and 6 of this writ petition. 3. Learned counsel for the State also submits that the State has also no objection if the intervenor nos.1 and 2 are arrayed as respondent nos.5 and6 to this writ petition. 4. Considering the aforesaid facts and circumstances of the case as well as the submissions made at the Bar, the prayer as prayed for in this interlocutory application by the two intervenors is allowed and the two intervenors whose names, parentage and addresses have been mentioned at paragraph no.1 of this interlocutory application are impleaded as respondent nos.5 and 6 to this writ petition. 5. Registry is directed to incorporate the names, parentage and addresses of the said respondent nos.5 and 6 in the cause title of the writ petition with red ink. 6. This interlocutory application is disposed of accordingly. W.P. (Cr.) No . 839 of 2023 7. Heard the parties. 8. Mr. Ankur Anand, Advocate receives notice on behalf of the respondent nos.5 and 6 in the matter of Admission. 9. Issue notice to respondent no.4 in the matter of Admission under registered post with A/D as well as under process of the court for which requisites etc. must be filed within four weeks by the petitioner, failing which, this Writ Petition shall stand dismissed without further reference to the Bench. 10. Notice is made returnable within six weeks. 11. Learned counsel for the respondent nos.5 and 6 submits that the petitioners be directed to serve a copy of the supplementary affidavit dated 29.01.2024 upon the respondent nos.5 and 6. 12. Learned counsel for the petitioners submits that the petitioners will supply a copy of the supplementary affidavit dated29.01.2024 upon the learned counsel for the respondent nos.5 and 6 within two weeks. 13. Learned counsel for the respondent nos.5 and 6 prays for time to file counter affidavit. 14. The respondent nos.5 and 6 may file the counter affidavit if so advised, within six weeks. 15. In case, the requisites are filed, list this writ petition after receipt of the service report of the notice issued to the respondent no.4.