NARENDRA NATH TIWARI, J. - (1.) In these writ petitions almost similar prayers have been made and as such both the writ petitions have been taken up and heard together and are being disposed of by this order.
(2.) IN WP (C) No. 143/08 the petitioner has prayed for a mandamus commanding upon the respondents to ensure that there will be no breach of peace as well as the violation of the order dated 24.12.1007 passed by the respondent No. 4 in Miscellaneous Case No. 909/07 in respect of New Plot No. 1866 under Khata No. 85, Ward No. 3 of Jamshedpur Notified area Committee commonly known as Puja Maidan. In WP(C) No. 121/08 the petitioners have prayed for a direction on the respondents to take appropriate action to ensure that no construction will be made in the name of any samadhi or Memoriam at Ganesh Puja Maidan at New Plot 1866 (P), Khata No. 85, Ward No. 3 within Jamshed -pur Notified Area Committee over which religious function and Mela are being held over the said land during the occasions of Ganesh Puja and Dussehra and any construction on the said land would hurt the religious sentiments of a large section of the people of Jamshedpur. - - In both the writ petitions it has been stated that the land in question is being used for public purposes. Suddenly in and around the end of October 2007, it was noticed that some construction work was started over a portion of the said land. On enquiry, it transpired that the construction was being made for the purpose of installation of a statute of late Sunil Mahto (A JMM loader and M.P.). On coming to know about the same, the matter was reported to the District Administration. But no action was taken. Thereafter, the TISCO filed an application before the Sub - divisional Magistrate, Dhalbhum at Jamshedpur seeking immediate prohibitory order under Section 144, Cr PC. The case was registered as Miscellaneous Case No. 164/07. The Sub -divisional Magistrate by his order dated 21.11.2007 called for a report from the concerned Police Station and also directed the police to maintain law and order on the spot. On receipt of the police report, a proceeding under Section 145 Cr PC was initiated by order dated 24.12.07. Notices were issued to the parties and both the parties were restrained from going and making any construction over the said plot. It has been stated that during the pendency of 145, Cr PC proceeding, by the letter dated 9.1.2008, the S.D.O has granted permission sought by 'Saheed Sunil Mahto Smarak Samiti' to organise 'Saheed Sunil Mahto Jayanti Samaroh over the said land. The petitioners apprehend that in garb of the said permission, the members of the Jharkhand Mukti Morcha, who were the parties to the proceeding under Section 144/145 Cr PC and who have been restrained from going and making any construction over the land in question would assemble in thousand and would take the law and order in their hands and try to install statute whereas the people who have been organising Ganesh Puja and Dusshera Puja over the said land for the last 88 years, would protest against any such attempt/construction over the said land and there is apprehension of serious breach of peace and riot. Under the circumstance, appropriate mandamus is required to be issued by this Court commanding upon the respondents to ensure public peace and law and order.
(3.) LEARNED JC to AG, on the other hand, submitted that by a judicial order passed in Misc. Case No. 909/07, the parties to the proceeding under Section 145 Cr PC, have been restrained from going and making any construction over the said land. The District Administration by the letter being Memo No. 64 dated 8.1.2008 has allowed the 'Sunil Mahto Smarak Samiti' to organise the 'Saheed Sunil Mahto Jayanti Samaroh' in the Ganesh Puja Maidan at a distance from the disputed spot which is the subject matter of 144, Cr PC proceeding. Permission has been given with several conditions enumerated as Condition Nos. 1 -13. The District Administration has taken all the required precautions and has put Condition No. 11 that in any event, nobody shall be permitted to go over the disputed portion of the land. Learned Counsel submitted that there is a clear stipulation that in case of violation of any of the conditions, the said permission shall be deemed to be automatically cancelled. Learned Counsel further submitted that the District Administration shall take all the necessary measures to prevent any such apprehension of breach of law and order and by all means, the law and order shall be maintained and nobody shall be allowed to venture any illegal act of violence, as has been apprehended by the petitioners.;