VIVEK KUMAR SHAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been filed under Article 226 of the Constitution of India for issuance of an appropriate writ/order/direction upon the respondents to provide appropriate protection to the petitioners so that they can fence their land over Thoka No. 90, Area 5 Katha within Mouza Pathalchapti No. 271, P.S.- Madhupur, District- Deoghar, which according to the petitioners, was purchased by their father through sale deed No. 489 dated 13.2.1989.

(2.) HEARD the learned counsel for the petitioners as well as respondents State and Madhupur Municipality, Madhupur and perused the materials on record.

(3.) SINCE there are disputed questions of the facts in this case, this Court cannot decide while exercising the writ jurisdiction and looking to the peculiar facts and circumstances of the case, it is desirable that the learned Deputy Commissioner, Deoghar shall look into the matter and take appropriate decision. It is also clarified that the learned Deputy Commissioner, Deoghar before taking any decision in this matter shall give reasonable opportunity to the petitioners as well as respondents in this matter and thereafter shall pass further appropriate order.