ASHWANI SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition is taken up today through Video conferencing.

(2.) The present writ petition has been filed for quashing the letter no.411 dtd. 24/3/2018 (Annexure-3 to the writ petition) issued by the Sub-Divisional Officer, Chandil-respondent no.2 whereby the petitioner has been directed to produce documents and evidences in respect of the land situated at Mouza - Kadamdih, PS - Chandil, PS No. 247, Khata No. 87, Plot Nos.28, 29 and 30, measuring an area of 0.27 acres (hereinafter to be referred as the 'said land')-

(3.) The factual background of the case as stated in the writ petition is that Gyani Ram Pandit was Sevayat of Satya Narayan Bhagwan temple (hereinafter to be referred as the 'said temple' situated over the said land. A final settlement of the said land under Sec. 83(2) of the Chotanagpur Tenancy Act, 1908 was published on 11/11/1963 (certificate of final publication was signed on 13/11/1963) wherein the name of Gyani Ram Pandit was shown as the Sevayat of the said temple. The name of Gyani Ram Pandit was mutated in the record of rights on 21/3/2015 and he also paid the rent and cess to the Government. After his death, his sons, namely, Shyam Sundar Sharma and Mohan Lal Sharma started worshipping in the temple. Shyam Sundar Sharma died leaving behind his wife Dhanwanti Devi, daughter Ruchi Sharma (adopted) and son Ankit Sharma (adopted), and Mohan Lal Sharma resides in Haryana. Thereafter, the petitioner married Ruchi Sharma and started living in the said premises of the temple and he has been performing all the duties of Sevayat of deity Satya Narayan Bhagwan. The respondent no.4 sent a legal notice dtd. 12/3/2018 to the petitioner and his wife claiming his right and title upon the said temple which was replied by the petitioner on 16/3/2018 denying the claim of the respondent no.4. Thereafter, the respondent no.4 filed a petition, whereupon, the respondent no.2 sent the impugned notice to the petitioner as contained in letter No.411 dtd. 24/3/2018 directing him to produce the documents and evidences making allegation that at present the petitioner is performing the worship of deity less and engaged more in illegal activities in the premises of temple.