JUDGMENT : This writ petition has been filed to challenge e-tender Notification dated 24th July 2023. 2. The stand taken by the Zila Parishad at Hazaribagh is that the subject property is a pond which has been under user of the general public and the aforementioned e-tender Notification was issued for the purpose of beautification and rejuvenation of the pond. For claiming a right to carry out beautification of the pond, the learned counsel for the Zila Parishad submits that claim of the petitioner over the subject property cannot be accepted inasmuch as mutation for the subject property has not been ordered in his name. 3. By an order dated 1st February 2024 passed in I.A. No. 543 of 2024, the Zila Parishad was restrained from taking further step in pursuance of Notification No. 18/2023-24 issued on 24th July 2023. 4. Briefly stated, the subject property comprised in khata no. 62, plot no. 122 area about 14.62 acres and plot no. 62 area about 1.20 acres at village Okni, Thana no. 1 in the district of Hazaribagh is recorded in the name of Manager, Court of Wards of the Estate of the Minor Babu Laxmi Narayan Singh who was the son of Raja Ram Narayan Singh. Later on, the subject property was released in favour of Sri Kamakhya Narayan Singh and he was put in khas possession of the Estate including the subject property. The case pleaded by the petitioner is that vide Mutation Case No. 76/1963-64 the subject property was recorded in the name of Sri Kamakhya Narayan Singh and a demand was opened in his name and name of the raiyat was duly reflected in Register-II. The further case pleaded by the petitioner is that the legal heirs and representative of the raiyats sold the subject property to the petitioner vide registered sale deed dated 22nd March 1972 and since then he has been in peaceful possession over the same. This is also a matter of record that in Mutation Revision Case No. 19/1980 the order passed in Mutation Case No. 131/1973-74 was set-aside and the matter was remanded for afresh consideration. Thereafter, the petitioner filed Title Suit No. 37 of 1984 for declaration of his right, title and interest and confirmation of his possession and in the alternative recovery of possession. By the judgment dated 23rd August 2007, the suit was decreed. Thereafter, the petitioner filed Title Suit No. 37 of 1984 for declaration of his right, title and interest and confirmation of his possession and in the alternative recovery of possession. By the judgment dated 23rd August 2007, the suit was decreed. This is not brought on record that the judgment and decree in Title Suit No. 37 of 1984 have been challenged by the State of Bihar/Jharkhand or any other person. 5. In the counter-affidavit, the Zila Parishad has admitted the aforementioned facts stating as under: “9. That there was some dispute with respect to mutation of the said land in the name of petitioner and the matter of mutation remained pending but in the meantime the petitioner filed Title Suit No. 37/1984 against defendants and State of Bihar (now Jharkhand) through Deputy Commissioner, Hazaribag. The said suit was decreed in favour of the petitioner and despite the title of the petitioner over the land in question, the respondents issued Tender notice with respect to petitioner’s land for preservation and rejuvenation on the ground that the land in question is Aahar (Pond).” 6. By virtue of the judgment and decree in Title Suit No. 37 of 1984, the petitioner’s right, title, interest and possession over the subject property are confirmed and now cannot be disputed. A citizen has a right under Article 300-A of the Constitution of India to use the property belonging to him in the manner he desires. The submission made on behalf of the Zila Parishad that the subject property was under the use of the general public does not further the case of the Zila Parishad. If that is so, it is only general public which can approach the civil Court claiming a right of easement, user etc. Quite evidently, the Zila Parishad has no jurisdiction to take possession of the subject property in the garb of beautification and rejuvenation of the pond and therefore e-tender Notification dated 24th July 2023 is quashed. 7. WP(C) No. 7143 of 2023 is allowed in the aforesaid terms. 8. Pending I.A’s, is any, stand disposed of.