B.N. KHIRWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Mr. M.K. Dey, learned Counsel for the petitioner and Mr. S.B. Gadodia, learned Advocate General.

(2.) IN this writ application the petitioner seeks issuance of a writ directing the respondents to forthwith restore possession of mining lease hold area from where the petitioner has been allegedly dispossessed by respondent Nos. 2 and 3 namely, the Superintendent of Police, Singhbhum (West) Chaibasa and the Officer in charge, Noamundi police station.

(3.) RESPONDENT -State filed counter -affidavit wherein it is stated that the respondents, being the Government servants have shown no interest in the matter of mining lease or have no concern in the matter of alleged lease dispute between the writ petitioner and respondent No. 5. The said respondents have categorically denied and disputed the allegation that they are, in any way, involved in dispossessing the petitioner from the lease hold area. It has also come on record that a suit for injunction was also filed by the petitioner.