MAHABIR PRASAD JAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been filed for the following reliefs : In W.P.(C) No. 2275 of 2006 : The present writ petition has been preferred for issuance of an appropriate writ order or direction calling upon the respondents to certify and to show cause as to how and under what circumstances and under what authority of law, the respondent authorities are seeking to forcibly demolish building premises belonging to the petitioner situated over PlotNos. 445 and 446 of Khata No. 298 of Mouza-Ramgarh, District-Hazaribagh measuring 200 feet x 38 feet over which the petitioner has been continuing in possession for the last four decades and has also purchased the same by the registered sale deeds particularly when there is neither any decree or order of any competent court of law authorising the respondents to forcibly dispossess the petitioner and demolish the same particularly when the said action is being taken by the local administration and police for the purposes of handing over possession to the private respondents who had filed a suit seeking recovery of possession of the said premises but the same was dismissed on 20.12.2000 and thus the respondent authorities have taken the law in their own hands and have acted as land grabbers for the purposes of dispossessing the petitioner and handing over the possession to the private respondents as also for issuance of an appropriate writ commanding upon the respondents to forthwith desist/refrain from forcibly dispossessing the petitioner and/or demolish the building premises situated thereon as also for issuance of a further appropriate writ, order or direction commanding upon the respondents to restore the status quo and possession of the petitioner as also duly compensate the petitioner for their illegal, arbitrary and highhanded unauthorized action. In W.P.(C) No. 408 of 2007 : The present writ petition has been preferred against the order dated 13.12.2006 passed by Smt. Sima Sinha,Sub Judge,Hazaribagh in T.S. No. 165 of 2006 whereby the learned Sub Judge has been pleased to return the plaint to the petitioner on the ground that the court has no jurisdiction to try the suit as the same is trust property and also allowed the application filed by the respondents under Section 21 C.P.C. Read with Order 7 Rule 3 of the C.P.C. and the petition for injunction was not found to be maintainable. Both the writ petitions have been filed by the same petitioner concerning the same property and the facts are identical and both the writ petitions are accordingly being disposed of by this common order.

(2.) THE facts, in brief, are set out as under :

(3.) PER contra, the respondents authority in their counter affidavit filed through Sub-Divisional Officer, Ramgarh have stated that the writ petition is not maintainable since the answering respondents were not impleaded. It has further been contended that the property consist of four Block Nos. A, B, C and D intervened by a private Road of 12 feet width running West to East emanating from Hazaribagh-Ranchi Road on the Western side in between the Block A, B on the one side and C, D on the other side and the settlor has constructed a Jain Temple known as