Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the notice dated 09.09.2017 is under challenge issued by the Sub-Divisional Officer, Chatra in misc. case being Misc. Case No.02/03-04 by which the petitioners have been directed to appear before the said authority on 12.09.2017 in order to defend and present their case with respect to showing the title over the land in question.
(2.) It is the case of the petitioners that the petitioners are having perfect title over the land in question which would be evident from an order passed by Deputy Collector, Land Reforms, Chatra dated 28.09.2007 by which the jamabandi has been directed to be created in their name and specific statement has been made in the writ petition that no appeal against the said order has been preferred by any of the party therefore, the same has attained its finality but without considering the aforesaid aspect of the matter a misc case has been initiated against the petitioners being Misc. Case No.02/03-04 in which the notice has been issued for appearance on 12.9.2017, therefore, the very initiation of the aforesaid proceeding is without application of mind and only to harass the petitioners for no reason whatsoever.
(3.) Mr. D.C. Mishra, learned AC to Sr. Standing Counsel-III has submitted that since the notice is under challenge, therefore, the jurisdiction conferred to this Court under Article 226 of the Constitution of India may not be exercised for the reason that the petitioners can avail the opportunity by approaching before the authority by bringing it to the notice with respect to the document substantiating their title but instead of doing so, the instant writ petition has been filed.;