RANCHI, India, July 20 -- Jharkhand High Court issued the following order on July 3:

IN THE HIGH COURT OF JHARKHAND AT RANCHI

F. A. No. 49 of 2024

General Manager (L & R), Central Coalfields Limited through its General Manager Land and Revenue ... ... Appellant

Versus

Harkhu Karmali and Others ... ... Respondents

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CORAM : HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant(s) : Mr. Kanishka Deo,

AC to Mr. A. K. Das, Advocate

For the State : Mr. Krishna Kumar Bhatt, AC to SC-I

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20/03.07.2026

1. Learned counsel for the appellant has submitted that the notice upon respondent No. 2(i), 3(i) and 4(i) has been served either personally or through their close relative. He has submitted that the notice may be accepted as valid.

2. Considering the submissions, the notice upon respondent No. 2(i), 3(i) and 4(i) is accepted as validly served.

I.A. No. 14893 of 2025

3. This interlocutory application has been filed seeking deletion of respondent No.1 and substitution of respondent 2, 3 and 4.

4. Learned counsel for the appellant has submitted that the respondent No. 1, 2, 3 and 4 have expired. Respondent No. 2 is the legal heir of respondent No.1 and therefore, the name of respondent No.1 is required to be deleted.

5. So far as legal heirs of respondent No. 2, 3 and 4 are concerned the name of their legal heirs and successors have been mentioned in paragraph 4 of the aforesaid interlocutory application.

6. Learned counsel for the appellant has submitted that the appellant came to know about the death of respondent No. 1, 2, 3 and 4 only on 30.07.2025 when the service report was received in the instant case. He has submitted that the delay in filing the substitution petition be condoned and abatement, if any, be set aside and the substitution may be allowed.

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7. So far as the substitution is concerned, the learned counsel for the State has not objection.

8. Considering the submissions and being satisfied with the cause shown, the delay in filing the substitution petition is condoned. The abatement is set aside and substitution petition is allowed.

9. Learned counsel for the appellant is directed to delete the name of respondent No. 1 from the cause title and so far as other respondent i.e. respondent No. 2, 3 and 4 are concerned, necessary insertion be carried out by learned counsel for the appellant in the cause title in 'red ink' during the course of day.

10. I.A. No. 14893 of 2025 is allowed.

I.A. No. 3073 of 2025

11. Learned counsel for the appellant has submitted that on 09.04.2025 the notice was issued to respondents except Deputy Commissioner in the limitation matter as well as in the first appeal. He has submitted that notice has been served upon respondent No. 5 to 7 and respondent No. 1 to 4 were reported dead and now respondent No. 2 to 4 have been substituted and name of respondent No.1 is deleted.

12. Issue notice to the substituted heirs of respondent No. 2 to 4 through the concerned police station in the I.A. No. 3073 of 2025 as well as in the first appeal for which requisite be filed before this court within one week.

13. Post this case on 31st July, 2026.

14. At this, learned counsel for the appellant has referred to the final judgment passed in F.A. No. 48 of 2024 and other analogous cases and has submitted that the present case is squarely covered by the said judgment as the present case was also decided analogously with the judgment which were impugned in FA 48 of 2024.

(Anubha Rawat Choudhary, J.)

03.07.2026

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