Research › Search › Judgment

Jharkhand High Court · body

2021 DIGILAW 780 (JHR)

Vanita Sahay v. State of Jharkhand

2021-09-21

RAJESH SHANKAR

body2021
JUDGMENT : RAJESH SHANKAR, J. 1. The case is taken up through Video Conferencing. 2. Learned counsel for the petitioners while pressing the present writ petition, confines the prayer to the extent of issuance of direction upon the respondents to provide police protection to the petitioners for construction of boundary wall over the land appertaining to Khata No. 41, Plot No. 126, Village-Sarle, Thana No. 159, District-Hazaribagh, measuring an area of 56 Decimals or in alternative, to restrain the respondent Nos. 5 to 8 from making any nuisance over the said land during construction of the boundary wall. 3. Mr. Amar Kumar Sinha, learned counsel for the respondent Nos. 5 and 6, while referring to the supplementary counter affidavit dated 20.09.2021 filed on their behalf, submits that during pendency of the present writ petition, the original petitioner-Meena Prasad (since deceased) had filed Title Suit No. 98/2019 in the Court of the Civil Judge (Senior Division)-I, Hazaribagh against the respondent Nos. 5 and 6 seeking declaration of her right, title and interest over the suit land and also for declaration that the sale-deed dated 18.01.2010 executed and registered in favour of the defendant No. 1-Kiran Kumari Pandey-wife of the respondent No. 5 is illegal, void and inoperative and the suit is still pending. 4. Having heard learned counsel for the parties and keeping in view the submission of learned counsel for the respondent Nos. 5 and 6, particularly, that Title Suit No. 98/2019 relating to dispute over the land in question is pending consideration before the Court of the Civil Judge (Senior Division)-I, Hazaribagh, this Court is not inclined to entertain the present writ petition. 5. The present writ petition is accordingly dismissed. 6. The parties are however at liberty to pursue their respective cases in the pending suit. 7. Consequently, I.A. No. 9746/2017 also stands dismissed.