PURNA MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing/setting aside the order, as contained in memo no.1199 dtd. 14/9/2021 (Annexure-5 to the writ petition) passed by the Sub Divisional Officer, Chandil- respondent no.2, whereby the said respondent has, in fact, ordered for partition of the land and house, which was jointly purchased by the petitioner and the respondent no.3.

(2.) Learned counsel for the petitioner submits that the lands appertaining to Khata no.106, plot nos.76 and 85, Mouja Chilgudih, measuring total area of 99 decimals; and Khata no.231, plot nos.675 and 676, Mouja Karnidih measuring an area of 0.01 acre and 0.10 acre (total 0.11 acre), respectively, P.S. Chandil, District Seraikella- Kharsawan were purchased jointly by the petitioner and the respondent no.3 vide two registered sale deeds dtd. 23/5/1973 and 21/3/1990. Thereafter, they came in joint possession of the same and built a house over Khata no.231, plot nos.675 and 676, measuring 0.11 acre, in which seven rooms as well as kitchen, toilet and bathroom were constructed.

(3.) The main submission of learned counsel for the petitioner is that the respondent no.2 has no jurisdiction to pass the impugned order dtd. 14/9/2021, as the said respondent has literally ordered for partition of the aforesaid land between the petitioner and the respondent no.3 in equal shares. The said proceeding was initiated in pursuance of the application filed by the respondent no.3 dtd. 23/8/2021 before the respondent no.2, requesting inter alia to ensure handing over possession of half share in the aforesaid land of Mouja Chilgudih, measuring total area of 99 decimals to him.