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2017 DIGILAW 1302 (JHR)

Tapan Kumar Gupta @ Tapan Brahmachary v. State of Jharkhand

2017-07-28

AMITAV K.GUPTA

body2017
ORDER : Defect No.4, as pointed out by the office in W.P. (C) No. 2687 of 2017, is ignored. 2. Learned counsel submits that he shall remove defect No. 1 in W.P. (C) No. 2687 of 2017 within course of the day. 3. Office to check and verify. 4. In all the above writ petitions the petitioners pray for restraining the respondents from forcefully and illegally dispossessing the petitioners from the land situated in : (i) mouza and thana No. 24, Khata No. 221 and Plot No. 530, (ii) mouza and thana No. 76, Khata No. 57 and Plot No. 243 and (iii) mouza and thana No. 69, Khata No. 110 and Plot No. 845. Learned counsel for the petitioners has submitted that the Sub-Divisional Officer, Chas, by letter No. 91 dated 21.03.2017 (Annexure-5) has issued direction for transfer of the aforesaid lands to Bokaro Industrial Development Authority. It is submitted that the aforesaid lands have been settled with the petitioners and they are in possession of the said lands and rent receipts were issued in their favour. Learned counsel has submitted that in view of the letter of the Sub-Divisional Officer, they shall file the suit in the competent Court for adjudication of their title but in the meantime, the authorities may be directed not to forcefully or illegally evict or dispossess the petitioners from the said lands save and except in accordance to law. 5. Mr. Rajiv Anand, for the respondents/State has submitted that it would be evident from inspection notes of the Additional Collector dated 20.02.2016, attached at Annexure-3 of, the writ, that the aforesaid lands were found to be recorded as gair mazarua khas land. That the petitioners have been directed to produce relevant documents with respect to their claim for possession of the land. That the petitioners are at liberty to produce their documents and the concerned authority shall pass necessary order in accordance with law. 6. Heard. It is well-settled that the disputed question of title cannot be adjudicated in the present writ under Article 226 of the Constitution of India. The petitioners have submitted that they shall approach the competent civil Court for adjudication of the title to the aforementioned lands. It is evidenced that the petitioners have been ordered to produce the relevant documents. Heard. It is well-settled that the disputed question of title cannot be adjudicated in the present writ under Article 226 of the Constitution of India. The petitioners have submitted that they shall approach the competent civil Court for adjudication of the title to the aforementioned lands. It is evidenced that the petitioners have been ordered to produce the relevant documents. The petitioners have the liberty to appear before the appropriate authority and produce the relevant documents and the authority shall pass a reasoned and speaking order in accordance with extant law after hearing the parties on this aspect. The authorities shall not forcibly or illegally evict the petitioners from the lands in question without following the procedure of law. 7. With the above direction, these writ petitions stand disposed of.