M.Y.EQBAL, J. - (1.) HEARD the parties.
(2.) IN this writ application the petitioners have prayed for quashing the impugned notice dated 24.2.2001 published in the newspaper, whereby respondents - Ranchi Municipal Corporation invited tender for settlement of Ramgarh Tracker Stand and further for a direction to the respondents restraining them not to interfere in future with Ramgarh Tracker Stand which is situated in R.S.Plot No. 1736 having total area of 0.425 acres. The undisputed facts are that the plaintiff/petitioner filed suit for declaration of his title and recovery of possession and also permanent injunction restraining defendant/respondent -Municipality from disturbing the possession of the petitioner. The trial Court decreed the suit both on the question of title and adverse possession. The defendant/respondent, namely. Municipal Corporation filed Title Appeal being T.A. No. 13/ 1960 and the said Appeal was eventually taken by Additional Judicial Commissioner, Ranchi who after considering the evidence affirmed the finding of the trial Court and maintained the decree on both the points. Thereafter, the respondent -Corporation went to Second Appeal to the High Court which was ultimately allowed and the judgment and decree of the trial Court as also first Appeal was set aside.
(3.) AGGRIEVED by the judgment of the High Court, the petitioner filed Special Leave Petition which was converted into Civil Appeal No. 1034 of 1971. The said appeal was ultimately allowed by the Supreme Court and the Judgment and the decree passed by the trial Court and the First Appellate Court was maintained. Consequently, the suit for declaration of title, recovery of possession and permanent injunction was allowed. It is also not disputed that the petitioner levied execution case in which the Executing Court affected delivery of possession of the land in favour of the petitioner. Petitioners case is that inspite of the fact that the petitioners title and possession was declared by the Supreme Court, the respondent -Municipal Corporation illegally issued the impugned advertisement for settlement of the land in question for the purpose of Ramgarh Tracker Stand. It is stated in the writ application that similar advertisement, was issued in the last year also by the Corporation for the settlement of land as Tracker Stand and against that petitioner moved this court by filing CWJC No. 615/2000 (R) which has now become infructuous.;