Baduruddin Ansari & Ors vs The State Of Jharkhand & Ors
2021 Latest Caselaw 4929 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cont. Case (Civil) No. 214 of 2013

        Baduruddin Ansari & Ors.                                       ----- Petitioners
                                          Versus
        The State of Jharkhand & Ors.                          --- -- --- Opp. Parties
                                         ---

CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh

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For the Petitioners : Mr. Amit Kumar Tiwari, Adv. For the State : Mr. Nawal Kishor Pandey, AC to SC (L&C)-I

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09/20.12.2021 Reference may be made to the order dated 18th October 2019 passed by the Coordinate Bench where the operative part of the order dated 24th September 2018 passed in L.P.A. No. 149 of 2013 arising out of the judgment under offence dated 15th May 2012 passed in W.P.(C) No.2945 of 2003 has been quoted. The operative portion of the order passed by the Writ Court is quoted hereunder :-

"14. In view of discussions made above, I allow this writ petition and quash Annexure-A to the counter affidavit. I direct respondents to restore the lands having an area of 4.50 acres of lands pertaining to plot no.101 and 93 of Khata no. 4 to the petitioners. I further direct that respondents shall not interfere with the petitioners' possession over the lands in question. However, I give liberty to the respondents to file civil suit for declaration of their title and recovery of possession or initiate a proceeding under Section 4(h) of the Bihar Land Reforms Act before annulling the transfer and taking possession of the land in question. In the facts and circumstances of the case, I order that parties shall hear their own cost."

It appears that the learned Letters Patent Court has modified the direction passed by the Writ Court in paragraph-7 of the order dated 24th September 2018 which reads as under :-

"7. Status quo with regard to ownership and the possession shall be maintained for a period of one month from today. There shall neither be any transfer of the property, in whatsoever format, by either of the parties to this litigation or their legal heirs, nor will any charge be created upon the property in question by the parties to this litigation within a period of one month from today."

Opposite parties have through their show-cause filed on 3rd February 2020 stated that Original (Title) Suit No.181/2019 has been preferred before the learned Civil Judge, Senior Division-I, Garhwa relating

to the land situate in village Bishunpur, P.S. Garhwa, District Garhwa bearing Khata No.04, Plot No.101 and 93, Area 8.30 Acres and 0.72 Acre respectively which was the subject matter of the writ petition where the cancellation of Jamabandi of the petitioners was under challenge.

Learned counsel for the petitioners submits that one of the petitioners has died. He submits on instructions that possession has not yet been restored.

As noted above, it however appears that the direction of learned Writ Court regarding restoration of possession of the petitioners was modified by the Letters Patent Court. However, on the request of learned counsel for the petitioners to carry out substitution of the deceased petitioner, three weeks' time is granted.

List this case on 28th January 2022.

(Aparesh Kumar Singh, J.)

Shamim/