RAJ KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL three applications were heard together as the same though arise on account of different cause of actions but all the disputes in between the parties relate to same piece of land and as such, all the three applications are being disposed of by the common order.

(2.) A case bearing W.P. (Cr.) No. 218 of 2007 has been filed on behalf of petitioner - Raj Kumar Singh for a direction to the respondent for putting a lock on the gate fixed over the road leading to disputed Plot Nos. 371 and 377, appertaining to Khata Nos. 133 and 136, situated at Village - Heerapur, District - Dhanbad, as the respondent no. 5 -Police Inspector -cum -Officer In -charge, Dhanbad Police Station without any authority has lifted the lock of the gate and thereby prayer has been made to restore the possession of the petitioner over the land, in question.

(3.) MEANWHILE , S.D.M., Dhanbad dropped the proceeding vide its order dated 5.6.2009 but while passing such order, it was observed that the second party (petitioner) has been able to prove successfully his title and possession over the land, in question. However, it appears from the counter affidavit, filed on behalf of the respondents, that when much hue and cry was raised before the District Administration and also before the higher police officials, the D.I.G., Bokaro asked the police officer to take necessary action and thereupon respondent no. 5 -Officer In -charge of Dhanbad Police Station got the lock of the gate opened on 12.6.2007 and reported the matter to the S.D.M., Dhanbad.