SHIV SHANKAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder direction has been sought for upon the respondent no.2 to 4 to afford protection to the life and property of the petitioner as well as the construction of the boundary wall of the petitioner's property which was purchased by the parents of the petitioner through two different sale deeds in the year 1962 and 1964 respectively and was decreed by the Civil Court at Hazaribagh in T.S. No.38 of 1984.

(2.) The brief facts of the case as per the pleading made in the writ petition is that the landed property in question pertaining to Plot no.34, Khata No.1, area 4 1/2 decimal situated at village Naisarai, Thana no.145 district Hazaribagh, now Ramgarh has been purchased by the petitioner's parents namely Asharfi Lal Sah and Shakuntala Devi by virtue of two registered sale deeds on 25.09.1962 and 20.05.1964. The Plot no.34 was initially recorded as Gairmazarua Khas land of Zamindar and after vesting Zamindari, the said land was also vested in the State of Bihar in the year 1954. The Anchal Adhikari, Ramgarh settled an area of 50 decimals of Plot no.34 to Mostt. Mulia widow of Late Chhedi Mian of village Naisarai on 26.12.1957 and put the said settlee Mostt. Mulia and granted rent receipts. Subsequently Most. Mulia sold an area of 2 decimals of land out of 50 decimals to Asharfi Lal Sah on 25.09.1962 through registered deed of sale and put him Khass possession and again sold 2 and 1/2 decimals of land out of remaining 48 decimals to one Shakuntala Devi through registered deed of sale on 20.05.1964 and put her Khas possession. After purchase of the aforesaid land through Most. Mulia, parents of the petitioner filed separate application for mutation of their name in the Siristha of Anchal Adhikari, Ramgarh whereon the name of Asharfi Lal Sah and Shakuntala Devi entered into the Register-II, the rent had been paid and in view thereof rent receipts had been issued, the parents of the petitioner constructed a house and will on the said land.

(3.) The dispute about the title over the land in question has come on surface when on 21.04.1984, the Executive Magistrate, Anchal Adhikari and Circle Inspector with the police force went to demolish the house due to dispute of locality, in consequence thereof, a suit against the State of Bihar through the Deputy Commissioner, Hazaribagh after serving a notice under Section 80 of the C.P.C., being Title Suit No.38 of 1984 has been filed with a prayer for restraining the defendants by permanent injunction from demolishing the suit house. The suit has ultimately been decreed on 27.11.1986. The petitioner since then is in peaceful possession of the land in question.