BIJAY KACHHAP Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The writ petition is under Article 227 of the Constitution of India, wherein order dtd. 11/4/2017, passed in Original (P) Suit No. 22 of 2016 has been challenged, whereby and whereunder, the trial court has granted leave to the plaintiff to construct Toilet in the suit premises. The record suggests that the Partition Title Suit has been filed and the same is going on between the co-sharers. In course of its pendency, the plaintiff has made an application seeking permission of the court to allow him to construct the Toilet in the area where now he is residing, which has been allowed. Being aggrieved to the same, the instant writ petition has been filed, invoking the jurisdiction conferred under Article 227 of the Constitution of India.

(2.) This Court is not satisfied to interfere in the order impugned for the reason that the Suit pertains to partition and as such the title is not in dispute between the parties, if any construction in the shape of Toilet has been allowed to made, no prejudice is being caused to the petitioner, reason being that if by way of partition, the area where the toilet has been allowed to be constructed, will go in the side of the plaintiff, in that situation the petitioner in this writ petition will have no effect. Therefore, in my considered view no prejudice is being caused.

(3.) In view thereof, this Court is not inclined to interfere under its supervisory jurisdiction more particularly considering the fact that the trial court has taken care of the concept of Swaccha Bharat Abhiyan.