APARESH KUMAR SINGH,J. - (1.) Heard counsel for the parties.
(2.) Petitioners apprehending forceful dispossession from the suit land comprising Plot No. 179 Thana No. 101 Khata No. 80 area 173 decimal situate at Mouza Lakhari P.S. Giridih (T) district Giridih, as described in the plaint at Annexure-3, instituted Title Suit No. 221/2016 before the Sub Judge-I, Giridih with a prayer for declaration of their right, title and interest over the suit land; restraint upon the Respondents from dispossessing the plaintiffs from the suit land during pendency of the suit and changing the nature and character of the suit land and injunction being made final at the time of judgment and decree; cost, if any, which they may be entitled. Though, defendants are State Officers requiring service of notice under Section 80 of Code of Civil Procedure before institution of the suit, but due to urgency shown, by way of an application made under Order 39, Rule 1 and 2 of Code of Civil Procedure (Annexures-4&5), plaintiffs sought waiver of the requirement for early hearing of injunction petition itself. Learned Sub Judge-I, Giridih passed the following order on 20.12.2016,. "Plaintiff files attendance through lawyer. Heard Ld. Court for the plaintiff and perused the record. Both defendants are government officials. Plaintiff is directed to comply the provisions under Section 80 C.P.C. To 30.01.2017 for taking steps on behalf of the plaintiff."
(3.) Being aggrieved, petitioners have approached this Court asserting that the requirement of Section 80 Rule 2 CPC has not been met by the learned Court leaving the plaintiffs remedyless. The impugned order amounts to return of the plaint without any application of mind to the urgency shown. Reference is made to the case of the parties in WPC No. 1834/2016 [Sushma Rashmi and others v. The State of Jharkhand and others] wherein also, petitioners being the claimants of same piece of land of Plot no. 179 Khata no. 80 Thana no. 101 village Lakhari district Giridih, approached this Court on the threat of removal of alleged encroachment and also partial demolition of wall of the petitioner no. 1 without any determination in terms of Section 6(2) of Bihar Public Land Encroachment Act, 1956.;