Meena Devi Kuntia vs Shyamal Kumar Bhattacharya & Ors
2021 Latest Caselaw 2026 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 (Civil Miscellaneous Appellate Jurisdiction)
                        M.A. No. 144 of 2020
                              ......

      Meena Devi Kuntia                          ...... Appellant
                               Versus
      Shyamal Kumar Bhattacharya & Ors.                .......Respondents
                              ..........

      CORAM:          HON'BLE MR. JUSTICE KAILASH PRASAD DEO
                      (Through : Video Conferencing)
      For the Appellant                  Mr. Indrajit Sinha, Advocate
      For the State                    : Mr. Sachin Kumar, AAG-II
                                       ..........
05/Dated: 23/06/2021.

After thorough discussion with the Additional Chief Secretary, Revenue, Registration and Land Reforms Department, Government of Jharkhand, this Court feels that to decide an application for injunction the first thing is prima-facie title of the person, who is seeking an injunction order from the Court.

From discussion, it apears that State Authorities may also be stake-holder in this property, as such, learned counsel for the State, Mr. Sachin Kumar, AAG-II, who is present in the Court, has submitted that he will file a counter-affidavit or he will file an appropriate application after taking proper instruction from the State Revenue Authority within two weeks.

Learned counsel for the appellant, Mr. Indrajit Sinha has submitted that appellant is placing reliance upon the certain judgments reference of which are as follows:-

1. Gautam Paul Vs. Debi Rani Paul and Other, reported in (2000) 8 SCC 330,

2. Maharwal Khewaji Trust (Regd.) vs. Baldev Dass, reported in (2004) 8 SCC 488,

3.Julien Educational Trust vs. Sourendra Kumar Roy, reported in (2010) 1 SCC 379,

4.Nirmala J. Jhala vs. State of Gujarat, reported in (2013) 4 SCC 301,

5.Surendra Pal Singh vs. Ravindra Pal Singh, reported in 2014 SCC OnLine Del 2959,

6.Chiranji Lal vs. Bhagwan Das, reported in 1991 SCC OnLine Del 356,

7.Mohinder Singh vs. Kartar Lal, reported in 1997 SCC OnLine Del 304,

8.Madan Lal vs. Kuldeep Kumar, reported in 2013 SCC OnLine Del 4008 and

9.Ram Lal Sachdev vs. Sneh Sinha, reported in 1999 SCC OnLine Del 917 Copies of the same has also been shared with learned counsel for the State, Mr. Sachin Kumar, AAG-II.

Learned counsel for the appellant has further submitted, that constructed house, which he has purchased, has already been demolished by the other respondents and they are trying to erect a new construction over the same, as such, this appeal may be heard expeditiously.

Since from the impugned order, it appears that court below has not granted injunction in favour of the plaintiff/appellant, as such, in two weeks nothing more will happen and if any unauthorized construction is made by any person, he will suffer and the legal remedy are available to the parties.

Put up this case on 06.07.2021, as prayed by learned counsel for the parties.

(Kailash Prasad Deo, J.) R.S.