Baldeo Prasad Gupta, son of late Shambhu Prasad Lal/Gupta v. State of Jharkhand, through its Chief Secretary up to Dy. Commisssioner, Jamtara and Bokaro
2018-08-31
AMITAV K.GUPTA
body2018
DigiLaw.ai
ORDER : 1. The present C.M.P has been filed under Section 151 C.P.C praying therein that this Court is empowered to exercise its inherent power to protect the right, title and interest of the petitioner over his share in the property situated in village- Karmatar and Chas within the district of Bokaro. 2. The petitioner, who has appeared in person, has submitted that the order passed by the Sr. Civil Judge-Ist, Jamtara in Execution Case no.2/1997 and 4/1977 be set aside and quashed. It is submitted that this Court has also not considered the matter in lawful manner while passing order inC.R.No.49 of 2010 vide order dated 22.07.2016. That the said execution case was filed to recover the share of the property of this petitioner which was encroaching upon by respondents. It is submitted that the ancestor of the petitioner had acquired 3 kathas of land and constructed shop which are situated at village Karmatar and neighbouring plot nos.1168 and 2285 under Khata no.145 and the right, title was confirmed in Title Suit no.156/1969. That the father of the petitioner had also purchased plots as detailed in paragraph 4 of the application. 3. It is further submitted that the persons mentioned in para 7 are in illegal possession of the said property and Execution Case no.4/1977 was filed by the petitioner for recovery of his share but the learned court below has dismissed the said petition. That the survey settlement map of 1929-32 did not reflect the correct and appropriate position with respect to the property situated over plot no.1168 and 2285 under Khata no.145 and portion of the land of neighbouring plots. That the father of the petitioner had acquired the land after the survey settlement which was decreed in Title Suit no.156/1969. That the report submitted by Amin is false and against the fact and the survey map is not valid. That the court below has also failed to appreciate that the opposite parties did not produce any evidence or documents regarding their possession and in fact they have usurped the share of the property of the petitioner. That the petitioner is the legal heir and representative of the decree-holder, his father, Shambu Prasad Lal/Sah. That the judgment-debtor neither paid the amount of Rs.16,02,000/- with interest at the rate of 24%.
That the petitioner is the legal heir and representative of the decree-holder, his father, Shambu Prasad Lal/Sah. That the judgment-debtor neither paid the amount of Rs.16,02,000/- with interest at the rate of 24%. It is submitted that the petitioner has been deprived from justice and his right, title and interest with respect to property in Karmatar. That in C.R.NO.49/2010 and C.R.NO.59 of 2013 it was prayed that respondents had encroached upon the share of the property of the petitioner at Chas. That the petitioner is the owner of the said property and is entitled to receive the share along with cost as mentioned in the application. That one small shop was also encroached by one Prabhu Mondal who is O.P.no.20 and the State authority have not taken any action against him. That since the petitioner has approached this Court for protection of his right, title and interest prays that appropriate writ be issued with respect to his right and interest and the Deputy Commissioner, Jamtara and Bokaro be directed to eject the persons who have encroached upon the property of the petitioner. He has sought a direction upon the authorities to pay compensation amount of Rs.50,000/- per shop at village Karmatar and damages mentioned in the application as he has been deprived of his right, title and interest. 4. Having heard the petitioner, in person, it transpires that he has made reference to the propriety of the order dated 22.07.2016 passed in Civil Revision No.49 of 2010 with Civil Review NO.59 of 2013. The aforesaid applications were withdrawn by the petitioner with liberty to raise the points before the appropriate court. 5. So far as the grievance of the petitioner with respect to the adjudication of his right, title and interest over the property detailed in the petition is concerned the said questions cannot be decided in this Civil Miscellaneous Petition accordingly, the present Civil Miscellaneous Petition is, hereby, dismissed. The petitioner can approach the competent courts for declaration of his right, title and interest over the aforesaid lands. Petition dismissed.