- (1.) THE present writ petition has been filed under Article 226 of the Constitution of India for issuance of an appropriate writ/order/direction upon the respondents to provide appropriate protection to the petitioners so that they can fence their land over Thoka No. 90, Area 5 Katha within Mouza Pathalchapti No. 271, P.S.- Madhupur, District- Deoghar, which according to the petitioners, was purchased by their father through sale deed No. 489 dated 13.2.1989.
(2.) HEARD the learned counsel for the petitioners as well as respondents State and Madhupur Municipality, Madhupur and perused the materials on record. From perusal of papers, it appears that Madhupur Municipality has initiated a proceeding and restrained the present petitioners from carrying out the work in respect of fencing of his Plot by issuing Annexure-3. From perusal of Annexure-3, it appears that the Special Officer, Madhupur Municipality has taken steps on the basis of application made by one Md. Kasim and others dated 5.7.2004. From perusal of Annexure-3, it becomes clear that the actions were initiated in the month of June 2008 upon the application dated 5.7.2004, therefore, apparently, the actions were initiated at belated stage. The present petitioners produced requisite documents to show that the land in question was purchased by their father by way of registered sale deed executed in the year 1989. As against this, the learned counsel for the respondents from the counter affidavit, filed in this matter, pointed out that the land in question belongs to Madhupur Municipality, Madhpur. Learned counsel for the respondent-State and Municipality by referring paragraphs 9 and 10 of the counter affidavit submitted that the registered Sale Deed No. 489 dated 13.2.1989 is self questionable because the sale deed shows that on 5.11.1927 Abdul Gafoor Main took Amalnama Settlement from Pathrol Estate which was transferred on 5.8.1985 and purchased by Md. Altaf Hussain through deed No. 2515. Therefore, according to the respondents, the title of the present petitioners is under dispute and the same is liable to be decided by the competent Civil Courts having jurisdiction in this matter.
(3.) SINCE there are disputed questions of the facts in this case, this Court cannot decide while exercising the writ jurisdiction and looking to the peculiar facts and circumstances of the case, it is desirable that the learned Deputy Commissioner, Deoghar shall look into the matter and take appropriate decision. It is also clarified that the learned Deputy Commissioner, Deoghar before taking any decision in this matter shall give reasonable opportunity to the petitioners as well as respondents in this matter and thereafter shall pass further appropriate order. With this observation, this writ petition stands disposed of.;