Poonam Srivastav, J. - (1.) Common controversy has been raised by the petitioners in three connected writ petitions, as such, all the writ petitions were decided by a common judgment. Leading case is W.P.C. No. 2687 of 2011 (M/s R.G.'s Fashion Private Limited v. The State of Jharkhand and others) . Counter affidavit has also been filed on behalf of Zila Parishad, rejoinder to the said counter affidavit is also on record. Counter affidavit and rejoinder are being read in all three connected cases and common arguments have been advanced on behalf of all the petitioners.
(2.) An application on behalf of Suresh Prasad, son of late Bilar Ram, resident of Baludih, as intervenor for being arrayed him as one of the respondents was moved. The ground for intervention is that he had filed one Public Interest Litigation W.P.(PIL) No. 5926 of 2009 against Dhanbad Zila Parishad for removal of unauthorized occupants from the land illegally occupied in connivance with the authorities of Dhanbad Zila Parishad. Application on behalf of the Intervenor was rejected on 14.6.2011 for the reasons that the process for removal of unauthorized occupants has already been initiated at the instance of Zila Parishad and it is being contested on behalf of the Zila Parishad, therefore, the intervenor is not a necessary party.
(3.) The instant writ petitions were filed challenging action of the Zila Parishad, whereby respective commercial premises of the petitioner situated at Central Plaza Bank More, Dhanbad was sealed without there being any order passed by a competent Court of law and in violation of the procedure of law and statutory provisions. The prayer of the petitioners is for a direction in the nature of mandamus to remove the seals affixed in relation to their respective unit/ shop, wherein business was being carried out. The petitioner of the leading case claimed that his shop runs in the name of CITI Style at Central Plaza and deals with ready made garments. Claim of the petitioner is that he is in occupation of the shop under lease agreement and he is conducting his business in the capacity of a tenant. The garment business has a retail chain stores through out the country and he runs a business after grant of a valid and legal license/ permission obtained from the State Government and the petitioner is duly registered with the Commercial Taxes Department at Dhanbad and pays approximately Rs. 40,00,000/- (Forty lakhs) per annum as tax to the State of Jharkhand. The lease agreement was entered into in the year 2006 with the building owners, who it is alleged, were in peaceful possession since last 7 decades in terms of settlement of the land in the name of Prabhulal Pranjiwan Pathak by means of a registered deed being Patta no. 1755 dated 16th April 1934 said to have been executed by the then Chairman of the District Board, Manbhum. The land owners purchased the land from M/s H.W. Builders Ltd. by means of a registered sale deed dated 21st April 1998, who in his turn, is said to have come in possession of the land from the Benamidar of Prabhulal Pranjiwan Pathak. The land was developed in terms of the sanction plan issued by the Executive Engineer, Mineral Area Development Authority (MADA), Dhanbad. After execution of the lease agreement the petitioner is said to have made substantial investment in opening the commercial outlets.;