DHIRENDRA NATH BANERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) At the outset, Mr. Shamim Akhtar, learned Standing Counsel appearing for respondents no. 1 to 4, submitted that a suit being Title Suit No. 33 of 2010 between the petitioner and respondent no. 5 with regard to the land in question is pending and the petitioner can move for appropriate order in the said suit where the Civil Court will pass order after hearing the parties.

(2.) On this Mr. Barnwal S. Lal, learned Senior counsel appearing for the petitioner, submitted that a few days back, the petitioner has been asked for re-measurement and there is threat of demolition of petitioner's boundary wall by respondent no. 5 in league and collusion with the Government officials and, therefore, till he moves the Civil Court, some protection may be granted.

(3.) As the suit is pending between the parties with regard to the land in question, I am not inclined to interfere in this writ petition. However, keeping in view the ensuing Durga Puja holidays, the petitioner is permitted to file a proper petition, if so advised, in the pending suit by 27th October, 2010 after serving copy of the same to respondent no. 5. The concerned court will pass order on such petition after giving opportunity of hearing to the parties in accordance with law as early as possible and preferably by 24th November, 2010.