1. Mahadeo Lal Gupta, aged about 65 years, son of late Radhe Lal Gupta v. 1. The State of Jharkhand through its District Magistrate cum Deputy Commissioner, Hazaribag having
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2336 of 2021 1. Mahadeo Lal Gupta, aged about 65 years, son of late Radhe Lal Gupta, resident of Village- Chouparan, P.O. and P.S.- Chouparan, District- Hazaribagh, Jharkhand. 2. Satyadeo Lal Gupta, aged about 72 years, son of late Radhe Lal Gupta, resident of Village- Chouparan, P.O. and P.S.- Chouparan, District- Hazaribagh, Jharkhand Petitioners … … Versus 1. The State of Jharkhand through its District Magistrate cum Deputy Commissioner, Hazaribag having its office at Hazaribag, P.O. + P.S-Hazaribag, Dist- Hazaribag, Jharkhand. 2. The Sub Divisional Magistrate, Barhi, having its office at Barhi, P.O. + P.S-Barhi, Dist-Hazaribag, Jharkhand. 3. The Circle Officer, Choupan Anchal, P.O. Chouparan, P.S- Chouparan, District- Hazaribag, Jharkhand. 4. The Circle Inspector Cum Halka Karamchari, Chouparan Anchal, P.O. Chouparan, P.S- Chouparan, District- Hazaribag, Jharkhand. 5. (a) Alok Kumar Singh, son of late Jai Prakash Singh, Resident of village Kadgawan Khurd, Narachahi, P.O. + P.S. Mayor Hand, District Chatra, Jharkhand (substituted vide order dated 24.8.2023) 6. Rajendra Prasad Singh, son of Late Kameshwar Singh, resident of Mahesh Prasad, village Narachahi, P.O. Narchahi, P.S.- Mayurhand, District- Chatra, Jharkhand 7. Ram Narayan Singh, son of Late Prameshwar Singh, Village- Chouparan, P.O. and P.S. Chouparan, District Hazaribag, Jharkhand. … … Respondents With W.P.(C) No. 429 of 2021 1. Alok Kumar Singh, S/o late Jai Prakash Singh aged about 42 years, R/o Vill – Kadgawan Khurd, P.O. Narchahi, P.S. Mayurhand, District – Chatra 2. Rajendra Prasad Singh, Aged about 70 years, S/o Late Kameshwar Singh, R/o Village – Narchahi, P.S. Mayurhand, District – Chatra 3. Ram Narayan Singh, Aged about 74 years, S/o Late Prameshwar Singh, R/o Village – Chouparan, P.O. – Chouparan, P.S. Petitioners Chouparan, District - Hazaribagh … … Versus 1. The State of Jharkhand 2. The Principal Secretary, Revenue & Land Reforms, Jharkhand, Having its Office at Project Building, H. E. С. P. O. Dhurwa, P. S. Dhurwa, District - Ranchi. 3. The Deputy Commissioner, Hazaribagh, P. O. Hazaribagh, P. S. Hazaribagh, District - Hazaribagh. 4. The Sub Divisional Magistrate, Barhi, P. O. Barhi, P. S. Barhi, District - Hazaribagh. 5. The Circle Officer, Chouparan Anchal, P. O. Chouparan, P. S. Chouparan, District - Hazaribagh. 6. The Circle Inspector cum Halka Karmachari, Chouparan Anchal, P. O. Chouparan, P. S. Chouparan, District Hazaribagh. 7. Mahadeo Lal Gupta, S/O Late Radhe Lal Gupta, R/O Village - Chouparan, P. O. Chouparan, P. S. Chouparan, District Hazaribagh. 8. Satyadeo Lal Gupta, S/O Late Radhe Lal Gupta, R/O Village - Chouparan, P. O. Chouparan, P. S. Chouparan, District … Respondents Hazaribagh. … CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioners For the State
Legal Reasoning
--- : Mr. R.N. Sahay, Sr. Advocate : Ms. Kirti Sahay, Advocate : Mr. Mukesh Kr. Mehta, Advocate : Mr. Vishnu Prabhakar Pathak, Advocate (In W.P.(C) No. 2336/2021) : Mr. Ajay Kr. Singh, Advocate : Mr. S.G. Raman, Advocate : Mr. Vijay Kumar, Advocate : Mr. Satendra Kr. Singh, Advocate (In W.P.(C) No. 429/2021) : Ms. Amrita Banerjee, AC to GP 1 (in W.P.(C) No. 429/2021) : Mr. Rohit, AC to AAG I --- 25/26.11.2024 The learned counsels for the parties are present. 2. W.P.(C) No. 2336 of 2021 has been filed for the following reliefs: “a) For the issuance of an appropriate writ or writ in the nature of Certiorari for setting aside/quashing of the order dated 09-02-2021, memo no. 176 (Annexure-5), order passed by the Office, Circle Officer Chouparan, Hazaribag. Wherein, Circle Officer Chouparan Cancel/Adjourned the demarcation of the land pertaining to Khata No. 27, Plot no.76 Area 5.75 Dismil, Mauza Chouparan, Hazaribag for indefinite period. b) For the direction upon the Respondent No. 1 to 3 to complete the process of demarcation and measurement of land of the Petitioners pertaining to Khata No. 27, Plot no. 76, Area 5.75 Dismil. Mauza Choaparan, Hazaribag. c) For the issuance of an appropriate writ or writ in the nature of Mandamus directing the Respondents authorities to carry out and complete the measurement of the land of the Petitioners with Police 2 Protection and without any disturbance from the respondent no. 5, 6 and 7 accordance with law. d) Further direction upon the respondent no. 1 to dispose of the representation dated 24-05-2021 in view of the fact of the said application. AND e) For the issuance of any other appropriate writ or order(s) as Your Lordships may deem fit and proper for doing conscionable justice to the Petitioners.” 3. W.P.(C) No. 429 of 2021 has been filed for the following reliefs: “That in this petition the petitioners pray for issuance of an appropriate writ (s) / order (s) / direction (s) for quashing of the notice dt. 15.11.2020 (Ann-6) vide Amin Measurement Case No. 37/20-21 being Memo No. 1067 issued by the Circle Officer, Chouparan Anchal, Hazaribagh, (R. N. 5) to the petitioners whereby they have been asked for measurement. And for a direction to the respondents concerned specially to the R. N. 4, 5 & 6 to not disturb the peaceful possession of the petitioners on their land in illegal way. And for any other writ(s) / order(s) / direction(s) as this Hon'ble Court may deem fit & proper for doing conscionable justice with the petitioners.” 4. The learned Senior counsel for the petitioners in W.P.(C) No.2336 of 2021 has submitted that an application for measurement was filed but the Circle Officer did not proceed in the matter. Writ petition being W.P.(C) No. 429 of 2021 was filed by the persons who are private parties in W.P.(C) No. 2336 of 2021. Consequently, the petition seeking measurement etc. has not been taken to a logical end by the Circle Officer. 5. The learned counsel appearing on behalf of the private respondents in W.P.(C) No. 2336 of 2021, who are the petitioners in W.P.(C) No. 429 of 2021, has submitted that the petitioners of W.P.(C) No. 2336 of 2021 are trying to disturb the peaceful possession of the petitioners in W.P.(C) No. 429 of 2021. He has submitted that now a title suit in connection with the same property has been filed and the matter is sub-judice before the court, in which, notice has already been issued. 6. The learned counsel submits that under such circumstances, no mandamus be issued by this Court as the same may have a direct or indirect bearing in the pending suit. 3 7. The learned counsel for the petitioners in W.P.(C) No.2336 of 2021 has submitted that notice has already been served upon the writ petitioners in the suit, who are the defendants and so far as the petition filed before the Circle Officer is concerned, it may be kept open to the Circle Officer to pass appropriate order on the petition. 8. After hearing the learned counsels for the parties and considering the fact that a title suit has already been filed and is pending, this Court is not inclined to pass any direction as prayed for in the aforesaid two writ petitions. 9. 10. However, it is observed that it will be open to the parties to
Decision
Accordingly, these petitions are hereby disposed of. proceed in accordance with the law. 11. 12. Interim order, if any, stands vacated. Pending interlocutory application, if any, stands closed. Saurav (Anubha Rawat Choudhary, J.) 4