Thakur Manmohan Singh Munda vs The State Of Jharkhand & Ors
2021 Latest Caselaw 3634 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI

                         [Civil Writ Jurisdiction]
                         W. P. (C) No. 817 of 2010
             Thakur Manmohan Singh Munda                   .... .. ...          Petitioner(s)
                                           Versus
             The State of Jharkhand & Ors.                           .. ... ... Respondent(s)
                                ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through :-Video Conferencing) .........

For the Petitioner(s) : Mr. Mahesh Tewari, Advocate. For the Resp.-State : Mr. Jagdeesh, A.C. to Mr. Rahul Saboo, S.C.-I ..........

10 / 27.09.2021. Heard, learned counsel for the parties.

Learned counsel for the petitioner has submitted that the land in question belong to the petitioner which will be apparent from the judgment dated 18.01.1994 passed in Title Suit No.42 of 1985/ Tr. No.113/1985 , against which Title Appeal No.25 of 1994 was preferred which was also dismissed.

Learned counsel for the petitioner has further submitted that the petitioner is the grand son of Thakur Hiriday Nath Singh who was having mokrari right over the land of Mouza Salsud, situated under P.S. Sonahatu, having Thana No.35 of Khewat No.10, District -Ranchi. The State is taking rent illegally from the raiyats of the land in question. The State has also tried to settle a portion of the land in question with HINDALCO and without acquisition and payment of compensation, State has initiated construction of I.T.I. Over the land. As such, I.A. No.2110 of 2011 and I.A. No.4248 of 2019 have been preferred for restraining the respondents to construct Girls High School over the land, in question.

Learned counsel for the petitioner has further submitted that Second Appeal vide S.A. No.622 of 2004 has already been dismissed, as such, the action of the State is illegal.

Mr. Jagdeesh, learned A.C. to S.C.-I has prayed that four weeks' time may be granted to file a detail counter-affidavit with regard to the annexures appended with the Writ Petition and to both the Interlocutory applications filed by the petitioner.

The Counter affidavit must be filed by the Deputy Commissioner, Ranchi within a period of four weeks.

List this case after four weeks.

(Kailash Prasad Deo, J.) Sandeep/