- (1.) HEARD the parties.
(2.) W .P.(C) No. 4339 of 2004 was filed on 18.8.2004 by the petitioners, namely, 1. Jagjit Singh Mann and 2. Manjeet Mann seeking a direction upon respondent No. 2, Officer Incharge, Jugsalai Police Station, Jamshedpur to hand over the three keys to them which were taken by the Officer Incharge from them without any rhyme and reason. Although in the writ petition nothing has been said about the transfer made by the petitioners in favour of Ratan Chand Jain and Navin Jain, who are the petitioners in W.P.(C) No. 4766 of 2004 but in the complaint made by the Officer Incharge it was alleged that the sale -deed was registered in favour of Ratan Chand Jain and another on a consideration of Rs. 12,50,000/ - but the consideration amount was not paid because the four cheques which were issued towards consideration were dishonoured as per the instructions of the purchasers, namely, 1. Ratan Chand Jain and 2. Navin Jain. In the said complaint, it was also alleged that delivery of possession was not given to the purchasers. In W.P.(C). No. 4766 of 2004, the admitted case of the petitioners, who are the purchasers is that the property in question was transferred by Jagjit Singh Mann and another in their favour by virtue of registered sale -deed dated 13.11.03 on payment of the consideration amount by way of four cheques but after the registration of sale -deed the petitioners -purchasers came to know that the property was mortgaged to Bihar State Financial Corporation and, therefore, they sent instructions to the Bank not to honour the cheques in favour of the vendors.
(3.) MR . S.L. Agarwal, learned counsel appearing on behalf of the petitioners purchasers in W.P. (C) No. 4766 of 2004, admitted that the cheques are still lying with the petitioners -purchasers.;