Purna Mahato @ Purna Chandra Mahato v. State of Jharkhand
2022-08-29
RAJESH SHANKAR
body2022
DigiLaw.ai
ORDER : 1. The present writ petition has been filed for quashing/setting aside the order, as contained in memo no. 1199 dated 14th September, 2021 (Annexure-5 to the writ petition) passed by the Sub Divisional Officer, Chandil-respondent no. 2, whereby the said respondent has, in fact, ordered for partition of the land and house, which was jointly purchased by the petitioner and the respondent no. 3. 2. Learned counsel for the petitioner submits that the lands appertaining to Khata no. 106, plot nos. 76 and 85, Mouja Chilgudih, measuring total area of 99 decimals; and Khata no. 231, plot nos. 675 and 676, Mouja Karnidih measuring an area of 0.01 acre and 0.10 acre (total 0.11 acre), respectively, P.S. Chandil, District Seraikella-Kharsawan were purchased jointly by the petitioner and the respondent no. 3 vide two registered sale deeds dated 23rd May, 1973 and 21st March, 1990. Thereafter, they came in joint possession of the same and built a house over Khata no. 231, plot nos. 675 and 676, measuring 0.11 acre, in which seven rooms as well as kitchen, toilet and bathroom were constructed. 3. The main submission of learned counsel for the petitioner is that the respondent no. 2 has no jurisdiction to pass the impugned order dated 14th September, 2021, as the said respondent has literally ordered for partition of the aforesaid land between the petitioner and the respondent no. 3 in equal shares. The said proceeding was initiated in pursuance of the application filed by the respondent no. 3 dated 23rd August, 2021 before the respondent no. 2, requesting inter-alia to ensure handing over possession of half share in the aforesaid land of Mouja Chilgudih, measuring total area of 99 decimals to him. 4. Learned counsel for the respondent no. 3, while referring to the counter affidavit filed on behalf of the said respondent, submits that the respondent no. 3 and the petitioner are full brothers and sons of Late Aghanu Mahato. After purchase of the aforesaid land jointly by the petitioner and the respondent no. 3, the petitioner has forcibly taken possession of the entire land due to which the respondent no. 3 was also compelled to subsequently file a suit being Original (Partition) Suit no. 12 of 2022 against the petitioner in the court of Civil Judge (Sr. Division)-I, Saraikella, which is pending. 5. Be that as it may. 6.
3, the petitioner has forcibly taken possession of the entire land due to which the respondent no. 3 was also compelled to subsequently file a suit being Original (Partition) Suit no. 12 of 2022 against the petitioner in the court of Civil Judge (Sr. Division)-I, Saraikella, which is pending. 5. Be that as it may. 6. Having heard learned counsel for the parties and on perusal of the materials available on record, it appears that the respondent no. 2 while passing the impugned order dated 14th September, 2021 has exceeded his jurisdiction, as on perusal thereof, it would be evident that the said respondent had directed both the parties to ensure partition of the properties in question in equal shares. Thus, the respondent no. 2, who is an administrative authority has usurped the jurisdiction of the civil court. Moreover, neither the application filed by the respondent no. 3 dated 23rd August, 2021 nor the impugned order dated 14th September, 2021 suggests that the respondent no. 2 had initiated a proceeding under Section 144 Cr.P.C. The said documents also do not indicate that there was any apprehension of breach of peace with regard to the property in question. 7. On perusal of the counter affidavit filed by the respondent no. 3, it appears that subsequent to passing of the impugned order dated 14th September, 2021 by the respondent no. 2, the respondent no. 3 has filed Original (Partition) Suit no. 12 of 2022, seeking partition of the property in question. As such, keeping in view the said development as well, the impugned order dated 14th September, 2021 passed by the petitioner no. 2 cannot be sustained in law and the same is hereby quashed. 8. The parties are, however, at liberty to pursue their respective cases in pending partition suit before the Civil Judge (Sr. Division)-I, Saraikella. 9. The writ petition is, accordingly, disposed of.