- (1.) LEARNED counsel appearing on behalf of the petitioner submitted that as per the order, passed by the learned 3rd Additional District Judge, Jamshedpur, dated May 26, 1993 in Title Appeal No. 1 of 1983, especially in paragraph nos. 26 and 27, the properties, referred to in Schedule -A of the plaint of Title Suit No. 96 of 1980, is owned by the petitioner and is in possession of the petitioner. So far as the properties, referred to in Schedule -B of the plaint of Title Suit No. 96 of 1980 is concerned, the claim of the petitioner has been discarded in the appeal. Thus, Schedule -A property, referred to in the plaint of Title Suit No. 96 of 1980, is of the petitioner and, therefore, it is submitted by the learned counsel for the petitioner that the respondents authorities, especially respondent no.9, should not encroach upon the said property, referred to in Schedule -A of the plaint of Title Suit No. 96 of 1980, and they should confine their activities only within the properties, situated at Schedule - B of the plaint of Title Suit No. 96 of 1980.
(2.) LEARNED counsel for the respondents submitted that they are not encroaching upon the property of the present petitioner. The apprehension on the part of the present petition is baseless and without any support of the facts and it is fairly submitted by the learned counsel for the respondents that the activities of the respondents, including respondent no.9, shall be confined to the properties, referred to at Schedule -B of the plaint of Title Suit No. 96 of 1980 only, and they are ready for any measurement also, so that actually on site, there will be posting of poles by the high - ranking officers of the Revenue side, including the Deputy Collector, Land Reforms, who is respondent no.7 to this writ petition, which will be done at the cost of the petitioner. Having heard learned counsel for both the sides and looking to the statements, made by the learned counsel for the respondents that they are now confining their activities only to the properties, which are referred to at Schedule -B of the plaint of Title Suit No. 96 of 1980, nothing is much required to be done. Nonetheless, as a precaution, I hereby direct respondent no.7 to get the land, as referred to in Schedule -A and Schedule - B of the plaint of Title Suit No. 96 of 1980, measured, within a period of four weeks from the date of receipt of a copy of the order of this Court. Necessary fees etc. will be paid by the petitioner for such measurement. I also direct respondent no.7 to inform the petitioner, whenever he is going for measurement, in advance, at least before 48 hours, and in presence of petitioner only, such measurement shall be carried out. Respondent no.7 will also draw detailed Panchanama and will take colour photographs and will post the poles upon the land, which will reveal such measurement and bifurcating Schedule - A and Schedule -B property of the plaint of Title Suit No. 96 of 1980, after putting the poles, the colour photographs will be taken.
(3.) TILL then, no construction or incidental activities of construction shall be carried out by either of the parties to this writ petition. Once the measurement is over and the poles are put upon the property, thereafter, the respondents shall carry out their activities in the properties, which are at Schedule -B of the plaint of Title Suit No.96 of 1980, and the petitioner will carry out his activities at Schedule -A of the plaint of Title Suit No.96 of 1980.;