- (1.) ALL three applications were heard together as the same though arise on account of different cause of actions but all the disputes in between the parties relate to same piece of land and as such, all the three applications are being disposed of by the common order.
(2.) A case bearing W.P. (Cr.) No. 218 of 2007 has been filed on behalf of petitioner - Raj Kumar Singh for a direction to the respondent for putting a lock on the gate fixed over the road leading to disputed Plot Nos. 371 and 377, appertaining to Khata Nos. 133 and 136, situated at Village - Heerapur, District - Dhanbad, as the respondent no. 5 -Police Inspector -cum -Officer In -charge, Dhanbad Police Station without any authority has lifted the lock of the gate and thereby prayer has been made to restore the possession of the petitioner over the land, in question. The facts, giving rise all the aforesaid cases, are that the petitioner - Raj Kumar Singh claimed to have acquired right, title and interest over the land bearing Plot Nos. 371 and 377, appertaining to Khata Nos. 133 and 136, situated at Village -Heerapur, District -Dhanbad, as according to the petitioner, one Gouranga Kumar Bose executed an agreement for sale in favour of the petitioner and thereby on receiving part of the consideration money put the petitioner into physical possession over the land, in question, with the right to construct boundary wall and gate. Thereupon, when the petitioner on 23.3.2007 came over the land, in question, Rajendra Singh, Vinod Kumar Singh (intervener) and others did not allow him to do any work, rather forced him to leave those plots and, therefore, a complaint was made before the respondent no. 5 -Police Inspector -cum -Officer Incharge, Dhanbad Police Station. On receiving such complaint, respondent no. 5 issued notice to both of them to produce documents by 24.3.2007, but Rajendra Singh instead of producing any paper showing his claim over the land, in dispute, filed a writ application bearing W.P. (C) No. 1857 of 2007 challenging the authority of the Officer In -charge of Dhanbad Police Station of issuing a notice for deciding the right, title and interest and also the possession of the parties over the land, in question, upon which this Court vide order dated 12.4.2007, issued notice to Gouranga Kumar Bose fixing case on 17.5.2007 and passed an interim order to the effect that till then no coercive action shall be taken against the petitioner without prior leave of this Court. Thereafter, one Urmila Devi filed an application before the S.D.M., Dhanbad on 16.4.2007 for initiating a proceeding under Section 144 of Cr.P.C., as there was a grave apprehension of breech of peace between the parties. Upon it, case was instituted as M.P. Case No. 400 of 2007 and on the same day, S.D.M., Dhanbad initiated a proceeding under Section 144 of Cr.P.C., whereby the parties were called upon to submit their show -causes and in the meantime, both the parties were restrained from going over the land, in dispute. It appears from the statement made in the counter affidavit filed on behalf of the intervener -Vinod Kumar Singh and also from the documents particularly a report relating to the inquiry made by the Dy. S.P. at the direction of the D. I.G., Bokaro on the application of one Sashi Bhushan Singh, resident of the same locality, annexed with I.A. No. 1089 of 2008, that in spite of such restrainment order, the petitioner with the help of the police official of Dhanbad Police Station forcibly erected a boundary wall and fixed a gate on 17/18.4.2009 at the passage which was a public road leading to the disputed plots as well as other houses including the house in which a school was running.
(3.) MEANWHILE , S.D.M., Dhanbad dropped the proceeding vide its order dated 5.6.2009 but while passing such order, it was observed that the second party (petitioner) has been able to prove successfully his title and possession over the land, in question. However, it appears from the counter affidavit, filed on behalf of the respondents, that when much hue and cry was raised before the District Administration and also before the higher police officials, the D.I.G., Bokaro asked the police officer to take necessary action and thereupon respondent no. 5 -Officer In -charge of Dhanbad Police Station got the lock of the gate opened on 12.6.2007 and reported the matter to the S.D.M., Dhanbad.;