Haripada Rout vs State Of Jharkhand And Ors

The present writ petition has been filed for issuance of direction upon the respondent Nos. 1 to 4 to stop the construction of the government residential

houses (Tahseel Kachhari-Sah-Halka Karamchari Aawas) over the land appertaining to Plot No. 2187, Khata No. 103, Village-Laghla, Thana No.

249, P.S-Chandankiyari, District-Bokaro, measuring an area of 0.11 acre.

The limited prayer made by the petitioner in the present writ petition is that he has already filed a suit being Title Suit No. 20/2008 before the Court of

the Civil Judge (Junior Division), Bokaro for declaration of his right, title and possession over the Schedule-1 property and that mentioned in the

Schedule-2 (being part of Schedule-1) of the plaint, the description of which is as under:

“SCHEDULEâ€"1

Dist. Bokaro, P.S. Chandankiary, in Mouza-Lagla, the property recorded in C.S. Khatian Gorabad Khatian No. 103, bearing C.S. Plot No.

2254, Area 69 Decimals, C.S. Plot No. 2187, Area 2.2 acres.

SCHEDULEâ€"2

(Portion of Schedule No.1)

Dist. Bokaro, P.S. Chandankiary in Mouza-Lagla, the property recorded in C.S. Khatian No. 103, being C.S. Plot No. 2187, area 2.02

acres out of it 7 decimals, bounded by:-

North: Portion of C.S. Plot No. 2187 of the plaintiff.

South: Land of Rabiswar Majhee.

East: Chandankiary-Jharia Road.

West: Ijri River.â€​

Learned counsel for the petitioner submits that the respondent No.1, Civil Surgeon, Bokaro Steel City, Bokaro, the respondent No.4 and the

contractor/Junior Engineer are the defendants in the said suit. On 07.09.2019, the respondent No.4 vide letter No. 821 dated 07.09.2019 (Annexure-1

to the writ petition), gave his consent to the respondent No.3 for construction of Tahseel Kachhari-Sah-Halka Karamchari Aawas over the said land

treating the same to be ‘Gair Mazurwa Khas’ having the nature ‘Patit Gaddha’. Thereafter, the respondent No.3 started raising

construction over the said land. Having come to know the said fact, the petitioner’s son requested the respondent authorities to stop construction

over the said land, however, the same remained un-responded. During the said period, the district Courts in the State of Jharkhand were observing

annual vacation. On re-opening of the district Courts on 04.11.2019, the petitioner being the plaintiff in Title Suit No. 20/2008 filed an application under

Order XXXIX Rule 1(c) and Rule 2 read with Section 151 of CPC praying inter alia for issuance of an order of injunction over the suit land.

According to learned counsel for the petitioner, though the said application was urgent in nature, yet the next date in the said title suit was fixed for

12.12.2019. The grievance of the petitioner is that on the one hand, the said Court has not shown any urgency for disposal of the application filed by

the petitioner under Order XXXIX Rule 1(c) and Rule 2 read with Section 151 of CPC, on the other hand, the respondent authorities are proceeding

ahead with the construction of the said building over the suit land.

Heard learned counsel for the petitioner as well as learned A.C to A.G appearing on behalf of the State-respondents. The order dated 04.11.2019

passed by the Civil Judge (Junior Division), Bokaro suggests that the petitioner being the plaintiff in Title Suit No. 20/2008 has filed an application

under Order XXXIX Rule 1(c) and Rule 2 read with Section 151 of CPC. Since the next date in the said suit was already fixed for 12.12.2019, the

learned Court below ordered for keeping the said application on record to be put up on the next date. Thus, considering the urgency shown by the

petitioner in the present writ petition, I am of the view that the Civil Judge (Junior Division), Bokaro should decide and dispose of the said application

preferred by the petitioner within a time frame. Accordingly, the Civil Judge (Junior Division), Bokaro is directed to dispose of the petitioner’s

application filed under Order XXXIX Rule 1(c) and Rule 2 read with Section 151 of CPC expeditiously latest by 23.12.2019. The defendants may file

their rejoinder affidavit within the said period.

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

Consequently, I.A. No. 10901/2019 also stands disposed of.