BHIKLAL KUMHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This Writ Petition has been filed under Article 226 of the Constitution of India inter alia with a prayer for issuance of an appropriate writ (s)/order (s)/direction (s) including the Writ of Prohibition restraining the respondents particularly the respondent No.5 from auctioning 'Tundi Khas-Bandh (Tank)' situated in village- Dhadhki-Tanr, P.S- Tundi, District- Dhanbad bearing Plot Nos.33 and 34 under Khata No.4 measuring an area of 2.17 acres fully described in Schedule B of this Writ Petition and to quash the extremely short- term auction notice with regard to the said tank which finds place at item No.9 of the extremely short term auction notice dtd. 16/8/2017, the copy of which has been kept at Annexure-3 of this Writ Petition and other reliefs.

(3.) The brief facts of the case is that in the year 1985, the respondent No.4 being the Circle Officer of Tundi Circle, wrongfully attempted to put the said tank with a private person namely Banarashi Panda. The petitioner filed a petition before the Additional Collector, Dhanbad and prayed for staying the settlement of the said tank vide Misc. Petition No.08 of 1985. The Additional Collector, Dhanbad rejected the said petition vide his order dtd. 26/2/1986 and confirmed the purported settlement of the tank. Thereafter, the petitioner filed a revision petition before the learned Commissioner, North Chotanagpur, Hazaribagh vide Mis. Sairat Petition No.46 of 1986 which was also rejected by the learned Commissioner, North Chotanagpur, Hazaribagh vide his order dtd. 24/11/1986; even though the said tank including its ridge which is the subject matter of this Writ Petition, was never vested in the State and the same belonged to the petitioner in his raiyati right and the petitioner has been in peaceful possession thereof on payment of rent to the State of Bihar (now Jharkhand) since the time of their predecessor. It is then stated that the State of Bihar (now Jharkhand) or its officers had no right to auction the said tank. The petitioner issued a notice under Sec. 80 of the C.P.C. to the respondents but the respondents were adamant to take possession of the tank. The petitioner filed Title Suit No.04 of 1987 in the court of Munsif-II, Dhanbad and the Munsif-II, Dhanbad vide his judgment in the said suit dtd. 6/2/1990 decreed the suit in favour of the petitioner and declared that the petitioner has the raiyati rights of the properties described in Schedule-B and also granted permanent injunction against the defendants of the suit who are also the respondents of this Writ Petition restraining them from taking any action to interfere with the right and possession of the petitioner over the said properties. The said judgment and decree passed by Munsif-II, Dhanbad dtd. 6/2/1990 has remained unchallenged and has reached finality and binding upon the respondents.