Ghuran Oraon And Ors vs Chanku Oraon And Ors

The present writ petition is taken up today through Video conferencing.

The present writ petition has been filed for issuance of direction upon the respondent nos.2 to 7 for not taking legal steps in relation to handing over the possession of the land situated in Mauja-Ranikhatanga, P.S. Itki, District-Ranchi (hereinafter referred to as the "said land") in favour of the respondent no.1 in the light of the order passed by this Court in W.P.(C) No.2155 of 2019, as the petitioners have filed a suit being Title Suit No.153 of 2010 against the respondent no.1 in relation to the said land which is presently pending in the court of Munsif, Ranchi.

Learned counsel for the petitioners submits that the petitioners are in possession of the land situated at Mauja-Ranikhatanga, P.S. Itki, District-Ranchi appertaining to Khata No.85 measuring a total area of 8.29 acres. It is further submitted that the respondent no.1-Chanku Oraon filed writ petition before this Court being W.P.(C) No.2155 of 2019 without making the petitioners as respondents in the said case. The respondent no.1 also suppressed the fact in the said writ petition that the petitioners had already filed Title Suit No.153 of 2010 against the respondent no.1 for the land in question, which is still pending in the court of Munsif, Ranchi. The said suppression of fact made by the respondent no.1 in W.P.(C) No.2155 of 2019 led to passing of the order dated 11th December, 2019, whereby the Circle Officer, Itki, Ranchi was directed to ensure handing over the possession of the land in question in favour of the respondent no.1.

Mr. Sachin Kumar, learned Additional Advocate General-II appearing on behalf of the respondent-State submits that only pendency of the suit does not give right to the petitioners to remain in possession of the land in question, in view of the specific order passed by this Court in W.P.(C) No.4225 of 2002, and as such, the present writ petition is misconceived.

Heard the learned counsel for the parties and perused the content of the writ petition.

The respondent no.1 filed a writ petition before this Court being W.P.(C) No.2155 of 2019 praying inter alia to direct the State-respondents to take necessary legal steps for handing over the possession of the said land to him in the light of the judgment/order dated 27th March, 2010 passed in W.P.(C) No.4225 of 2002 and order dated 16th August, 2010 passed by learned Division Bench of this Court in L.P.A. No.151 of 2010. The said writ petition was disposed of by this Court vide order dated 11 th December, 2019 with following observation and direction:-

"4. Heard learned counsel for the parties and perused the contents of the writ petition. It appears that W.P.(C) No.4225 of 2002 filed by the petitioner against the orders of the Special Officer, Ranchi; the Deputy Commissioner, Ranchi; and the Commissioner, South Chhotanagpur Division, Ranchi was allowed by the learned Single Judge of this Court vide order/judgment dated 27th March, 2010. Manga Oraon, Jhuba Oraon and Ghuran Oraon, in whose favour the orders were passed by the courts below, were respondent nos.6, 7 and 8 respectively in the said writ petition. Being aggrieved by the order passed by the Single Judge in the said writ petition, they preferred L.P.A. No.151 of 2010, which was dismissed for non-prosecution vide order dated 16 th August, 2010.

According to the petitioner, the issue with regard to restoration of the land, thus, attained finality, as all the orders of the courts below have already been set aside by this Court.

Considering the aforesaid facts and circumstances, the respondent no.6 is directed to take appropriate step for ensuring possession of the petitioner over the land in question within a reasonable period preferably within a period of four months from the date of receipt/production of a copy of this order. It would, however, be ensured by the respondent no.6 that there is no other order passed by any competent court of law in relation to the land in question except the orders passed in W.P.(C) No.4225 of 2002 and L.P.A. No.151 of 2010 as referred herein above. Manga Oraon, Jhuba Oraon and Ghuran Oraon are also at liberty to apprise any such fact to the respondent no.6.

The writ petition is, accordingly, disposed of with the aforesaid direction."

The contention of the petitioners is that since they have already filed Title Suit No.153 of 2010 against the respondent no.1 for the land in question, the petitioners should not be evicted from the land in question. In my considered view, the said contention of the petitioners is unfounded. This Court while passing the order dated 11th December, 2019 in W.P.(C) No.2155 of 2019 has made a specific observation that the Circle Officer, Itki, Ranchi (respondent no.6 in the said writ petition), while taking steps for ensuring handing over the possession to the respondent no.1 over the land in question, would ensure that there was no other order passed by any competent court of law in relation to said land except the orders passed in W.P.(C) No.4225 of 2002 and L.P.A. No.151 of 2010. The petitioner no.1 as well as the father of the petitioner nos.2, 3 and 4 were also given liberty to apprise any such fact to the Circle Officer, Itki, Ranchi. Mere pendency of suit in a Civil Court does not ipso facto gives right to the petitioners to continue in possession of the land in question in violation of the order dated 27th March, 2010 by this Court in W.P.(C) No.4225 of 2002 directing the restoration of the said land in favour of the respondent no.1. Despite the said order, the petitioners have remained in possession of the said land for about a decade. Moreover, the petitioners have failed to show that any competent court of law has passed a contrary order to that of order dated 27th March, 2010 passed by this Court in W.P.(C) No.4225 of 2002. Hence, the prayer made by the petitioners in the present writ petition is misconceived.

The writ petition is being devoid of merit is, accordingly, dismissed. It is, however, observed that since the present matter is concerned with the order passed in connection with restoration of the land in question in favour of the respondent no.1 under Section 71-A of the Chota Nagpur Tenancy Act, 1908 which deals with transactions whereby right and/or possession of land changes hands, the pending civil suit of the petitioners seeking determination of title in the court of Munsif, Ranchi shall be decided independently on the basis of the materials available on record.