PARMESHWAR SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Though I.A. No. 2724 of 2012 has been listed today in order to substantiate the claim and also to support the prayer made in the I.A., the petitioner addressed the Court also on merit of W.P.(C) No. 4171 of 2009. In view of the above, with the consent of the parties the writ petition as well as the I.A. have been heard together and are being disposed of by this order. The petitioner is aggrieved by the order of the Deputy Commissioner, Dumka dated 7.8.2009, whereby the Deputy Commissioner has directed to comply with the order issued by the Jharkhand Religious Trust Board by letter No. 270/04 dated 2.11.2004 and 307/04 dated 15.12.2004.

(2.) According to the petitioner, the said order has been challenged in Title Suit No. 1/2007, now pending in the Court of Additional District Judge-1, Dumka. The said order has been issued directing the Circle Officer, Dumka to implement the order passed by the Jharkhand Religious Trust Board during pendency of the said suit. Since the Title Suit is pending, the said order of learned Deputy Commissioner is wholly arbitrary and illegal. Learned Deputy Commissioner should not have passed such administrative order. The Circle Officer, Dumka, on the basis of the said order, has issued a notice to the petitioner asking him to remain present at Shree Ramchandra Thakurwari, Dumka for the purpose of handing over charge to Shri Raj Kumar Sharma-respondent No. 7 vide his Memo No. 882 dated 31.8.2012. The petitioner has filed I.A. praying for stay of the said order.

(3.) Learned counsel appearing on behalf of the petitioner submitted that since the matter is sub-judice in the Court of Additional District Judge-I, Dumka, the order passed by the Deputy Commissioner dated 7.8.2009 as also the order issued by the Circle Officer dated 31.8.2012 are wholly arbitrary, illegal and without jurisdiction. The said orders also amount to usurping the jurisdiction of the competent civil court and are wholly illegal and are liable to be quashed by this Court.