KISHORE SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 07.09.2020 (Annexure-2 to the writ petition) passed by the respondent No.3 in Revenue Miscellaneous Case No. 147/2009-2010 whereby deputation of police force and Magistrate has been provided to the respondent No.6 to construct the boundary wall over the land in question.

(2.) Learned counsel for the petitioners submits that the plaintiffs/petitioners filed Title Suit (D) No. 131 of 2010 before the Sub-ordinate Judge-IV, Deoghar seeking the following reliefs:

(3.) Learned counsel for the petitioners further submits that the land situated at Village-Hadokuda and Village-Choudharidih, both within P.S-Madhupur, Circle-Devipur, District-Deoghar are recorded in the last Gantzer's Survey Settlement report in the names of Thakur Roy, Banwari Roy and Gondo Roy, all sons of Late Rangu Roy. The plaintiffs and the defendants-2nd parties are the descendants of Late Rangu Roy and the said land were under cultivating possession of the plaintiffs and the defendants 2nd parties without any partition. The defendant No.3/respondent No.8 (Gulab Roy @ Gulab Singh) executed a deed of agreement for sale and purchase with the defendant No. I/respondent No.7 on 24.11.2008 and also executed power of attorney dated 14.05.2009 empowering the defendant No. I/respondent No.7 to sell various plots of the suit properties appertaining to Jamabandi Nos. 5 and 6 admeasuring total area of 3.95 acres situated at Circle-Devi pur, Mouza-Hadokuda, Thana No. 42. Thereafter, the defendant No.I/respondent No.7 executed a sale deed in respect of the suit properties in favour of the defendant No.2/respondent No.6 (cousin of the defendant No.l) through registered deed No. 1494 dated 17.06.2009. The respondent No.6 filed a writ petition being W.P.(C) No. 5065 of 2019 before this Court for issuance of direction upon the State-respondents to provide police force for constructing boundary wall over the land in question. The said writ petition was disposed of by this Court vide order dated 21.11.2019 directing the respondent No.2 to pass an appropriate order in accordance with law, after calling upon the other side, if necessary, within a period of two months from the date of receipt of the representation filed by the respondent No.6. It is further submitted that the respondent No.3 has passed the impugned order dated 07.09.2020 contrary to the direction issued by this Court in W.P.(C) No. 5065 of 2019 as no notice was issued to the petitioners and similarly situated parties, who are the affected ones parties. In fact, Title (Declaration) Suit No. 131 of 2010 filed by them is still pending in the Court of the Sub-ordinate Judge-I, Deoghar. It is further submitted that the impugned order dated 07.09.2020 has been passed in violation of the principles of natural justice as the respondent No.3 has failed to provide an opportunity of hearing to the petitioners and if the same is not quashed by this Court, the petitioners shall suffer irreparable loss and injuries. It is also submitted that the said sale deed was executed without any knowledge of the petitioners, though the suit property was a joint family property and the petitioners had also equal share and interest with the defendant No.3/respondent No.8 over the same.