PRAMOD KUMAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) LEARNED counsel appearing for the petitioner submits that the land over which a Temple known as `Burhwa Mahadeo Mandir' is situated, is recorded, according to the State, as 'Kaishere Hind'. When a building was raised over a piece of land within the premises of the temple, a notice was issued by the Deputy Commissioner, Hazaribagh to remove the construction. That notice was challenged before this Court, vide C.W.J.C. No.3249 of 1994 (R). The writ application was dismissed after observing that the petitioner has not acquired any right, title and interest over the land in question over which illegal construction had been raised. Pursuant to that order passed by this Court, the said illegal construction was removed. In spite of that, again a notice was issued stating therein that illegal construction is still over there and hence, the petitioner was directed to remove the illegal construction. The said notice has been challenged before this Court through this writ application on the ground that illegal construction had already been removed by the petitioner and the authority now has been taking step to even demolish the temple. This Court on being satisfied passed an order on 2.1.2003 whereby counsel for the State was allowed four weeks' time to file counter affidavit. At the same time, order was passed to the effect that during the pendency of this writ petition, respondents shall not take any coercive step in respect to temple building in question.

(2.) WHEN the counter affidavit was not filed, an order was passed by this Court directing the Deputy Commissioner, Hazaribagh to remain present to assist the Court. Pursuant to that order, Deputy Commissioner, Hazaribagh did appear on 6.3.2003. After hearing them following order was passed.