GAUTAM DE Vs. STATE OF JHARKHAND THROUGH HOME SECRETARY, JHARKHAND
LAWS(JHAR)-2009-11-128
HIGH COURT OF JHARKHAND
Decided on November 18,2009

Gautam De Appellant
VERSUS
State Of Jharkhand Through Home Secretary, Jharkhand Respondents

JUDGEMENT

- (1.) HEARD the parties.
(2.) LEARNED counsel appearing for the petitioner submits that the dispute arose between the petitioner and his tenant with respect to a property, a building situated at Lalpur bearing M.S. Plot Nos. 1427 and 1429, measuring an area of 52 Kattha. The tenant at several occasions put hindrance in getting the building and boundary wall repaired and at his instance, proceeding under Section 144 Cr.P.C. was initiated not at once, rather at several occasions and all the times, order was passed in favour of the petitioner. Even the tenant has brought a civil suit, wherein he has put his claim of title over the building. In that suit an application under Order 39 Rules 1 and 2 of C.P.C. for grant of injunction was filed but that was also decided against them, thereupon, the petitioner whenever tried to make repair of the building and boundary wall, obstruction was put forth by the tenant and then the petitioner finding no way -out approached the Deputy Commissioner, Ranchi and made an application for providing him safety and security so that the petitioner may get his building and boundary wall repaired. That application was referred to the S.D.O., Sadar, but nothing was done in this respect as a result of which, the petitioner is unable to repair his own house. Learned counsel further submits that the petitioner is ready to deposit the necessary cost for deputation of police force at the site so that no hindrance or obstruction be put forth by his tenant in getting his building and boundary wall repaired.
(3.) IN view of the facts and circumstances as well as the submission made on behalf of the petitioner, this application is disposed of with a direction to the petitioner to again approach the S.D.O., Sadar and Senior Superintendent of Police, Ranchi by filing application for providing him adequate police force for giving safety and security at the time of repair of the building and the boundary wall on deposit of necessary cost in this respect. On getting such application and on deposit of required cost, the Authorities would be doing the needful in the matter, at the earliest.;


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