ISHWAR DAS CHARITABLE TRUST Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petitions are taken up today through Video conferencing.

(2.) W.P.(C) No. 771 of 2020 has been taken as lead case for deciding the present writ petitions wherein the petitioner of W.P.(C) No. 1824 of 2020 has been impleaded as respondent no. 5.

(3.) The factual background of the case as stated in the writ petition is that the petitioner no. 1 Trust has been constituted by the family members of Tibrewal family for carrying out charitable activities. The land having an area of 10 Katthas situated in Mouza Mahagama, Kamat Khata No. 200, Dag No. 425 (hereinafter referred to as "the said land") was settled by the original landlord namely, Babu Bansidhar Dhandhania for the purpose of establishment of Dharamshala in favour of Babu Ram Awtar Ram Marwari, who is ancestor of the trustee of the petitioner Trust and the grandfather of the petitioner no. 2. The said land has been in possession of the family members of the settlee since 1939 and though no concrete structure could be established over the said land, temporary structures were made over it for charitable purpose. In the meeting of the board of trustees of the petitioner Trust dtd. 18/7/2005, it was resolved to construct permanent structure of Dharamshala for the benefit of general public and thereafter the said Dharamshala was constructed and inaugurated on 2/11/2009. It was operated and managed by the petitioners for charitable purposes for the use of people at large on payment of nominal charges. Names of the ancestors of the petitioner nos. 2 to 4 were already entered in Register-II by creating jamabandi in their name vide Rent Fixation Case No. 1 of 1979-80. The rent of the said land was regularly paid by them and rent receipts were issued till the year 2008-09. In the recent survey conducted in village Mahagama, possession of the land in question has been recorded in favour of the trustee of the petitioner. However, some unscrupulous elements of the society wanted to grab the said Dharamshala from the petitioners. The respondent no. 5 obtained power of attorney from the descendants of original landlord and started creating disturbance in operation of the Dharamshala. As such, the petitioners closed the Dharamshala temporarily. The respondent no. 5 [the writ petitioner of W.P.(C) No. 1824 of 2020] filed a complaint before the Deputy Commissioner, Godda, a copy of which was also sent to the Sub-Divisional Officer, Mahagama, Godda alleging that the petitioner nos. 2 to 4 were trying to grab the said Dharamshala by obtaining the same to start free computer centre and beauty parlour training centre. The respondent no. 5 requested the Deputy Commissioner, Godda to intervene in the matter and to get the lock of the said Dharamshala opened. Thereafter, the Sub-Divisional Officer, Mahagama, Godda directed the Circle Officer, Mahagama to submit report by conducting spot verification. The Circle Officer, Mahagama submitted the report vide letter no. 826 dtd. 27/11/2017 stating that the said Dharamshala had been constructed by the petitioner no. 2 and was being operated by the petitioner no. 4 by booking the same for marriage, Bhagwat Katha, meeting etc. and there was no beauty parlour being operated on the said premises. However, the Sub-Divisional Officer, Mahagama, Godda initiated proceeding vide R.M Case No. 35 of 2018 and issued notices to the petitioner nos. 2 to 4 for their appearance in the said matter. During the pendency of the said proceeding, the petitioner no. 2 and the respondent no. 5 entered into a compromise and even a petition for compromise was filed requesting inter alia to drop the proceeding. However, the Sub-Divisional Officer, Mahagama, Godda sought legal opinion from the Government Pleader, Civil Court, Godda vide letter dtd. 14/9/2019 and passed the impugned order based on the legal opinion dtd. 8/2/2020, whereby the Nagar Panchayat, Mahagama was directed to take over the possession of the Dharamshala till such time the question of title between the petitioners and respondent no. 5 was adjudicated by the competent civil court. Subsequently, order dtd. 10/2/2020 was passed by the Sub-Divisional Officer, Mahagama, Godda directing to open the lock of the Dharamshala and to hand over the management of the Dharamshala to Nagar Panchayat, Mahagama. On the same day, Godda district administration broke the lock of the Dharamshala and took over the possession of the same.