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2016 DIGILAW 1490 (JHR)

Teklal Mandal, son of late Peru Mahto v. State of Jharkhand

2016-10-27

D.N.PATEL, RATNAKER BHENGRA

body2016
ORDER : Per D.N. Patel, J.: 1. This writ petition has been preferred for the following prayers: “That the petitioner who is a Social Worker and Ex-Mukhiya of Suriya Gram Panchayat, Suriya, Giridih prays for issuance of an appropriate writs, Orders, directions to the respondents to restrain the respondent no.5 from creating obstruction in the passage to mandir situated over the plot no. 11, 12, 13, 17 of khata no. 72, 58, 28, 200 respectively of mouza Barki Suriya, District-Giridih by making any kind of construction, buildings and encroaching upon the passage of the temple situated inside the campus of the ashram where local villagers used to worship since 1944 though several representations were also filed before the authority concerned to restrain respondent no.5 but till today no action has been taken by the local authority which amounts to infringement of constitutional right of the large numbers of villagers to worship.” 2. Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that this is not a Public Interest Litigation, at all. This petitioner has raised doubt about ownership of respondent no.5 upon the property which is referred to in paragraph no. 1. A question has also been raised that respondent no. 5 is giving a lease to respondent no.6, which belongs to a public trust, originally. By efflux of time, the said land is now vested in the Government. Learned counsel for the petitioner is unable to point out how the said land is now vested in the Government. Thus, the question remains that whether the land, in question, belongs to Hazaribagh Road Shri Ramkrishna Ashram or it belongs to the Government. Moreover, the authority of respondent no. 5 is also under challenge in giving the property on lease. All these issues cannot be decided in the writ petition. 3. Ownership of the property, which is referred hereinabove, is in question. 4. Moreover, the aforesaid plots have been given on lease to respondent no.6 for the purpose of running a school and respondent no. 6 is constructing the school. Therefore, whenever anybody is using the land for the lawful purpose, it never obstructs anybody unless the purpose is illegal. Thus, this is not at all a Public Interest Litigation, on the contrary, it is a Private Interest Litigation or Publicity Interest Litigation. 5. 6 is constructing the school. Therefore, whenever anybody is using the land for the lawful purpose, it never obstructs anybody unless the purpose is illegal. Thus, this is not at all a Public Interest Litigation, on the contrary, it is a Private Interest Litigation or Publicity Interest Litigation. 5. Moreover, Annexure-4 is referred by the learned counsel for the petitioner, which is a letter written by the Deputy Commissioner, Giridih to the Circle Officer, Village-Suriya, District-Giridih. The petitioner is unable to point out how a copy of this Annexure-4 is obtained by him. The document, which is obtained unauthorisedly, has been annexed in the memo of the petition. The really aggrieved party, who is the owner of the property, can always raise a dispute with the so called encroacher. 6. Hence, there is no substance in this writ petition as the same is not all a Public Interest Litigation. We, therefore, dismiss this writ petition with a cost of Rs.75,000/(Rupees Seventy Five Thousand). This amount will be deposited by this petitioner before the President/Secretary of the Advocates' Association Welfare and Development Fund, Jharkhand High Court, Ranchi within a period of six weeks from today. If the aforesaid amount is not deposited by this petitioner within a period of six weeks from today before the President/Secretary of the Advocates' Association Welfare and Development Fund, Jharkhand High Court, Ranchi, he shall remain personally present before this Court on the next date of hearing at 10:30 a.m. If the aforesaid amount is already deposited, there is no need to remain personally present before this Court by this petitioner. 7. Registrar General of this Court is directed to send a copy of this order to the President/Secretary of the Advocates' Association Welfare and Development Fund, Jharkhand High Court, Ranchi. 8. Only for the purpose of checking whether the aforesaid amount is deposited by this petitioner before the President/Secretary of the Advocates' Association Welfare and Development Fund, Jharkhand High Court, Ranchi or not, this matter will be again listed on 15th December, 2016.