Binod Mahato vs The State Of Jharkhand & Anr
2021 Latest Caselaw 3712 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr.M.P. No. 1356 of 2021

1.Binod Mahato
2. Opindo Mahato @ Upendra Mahato
3. Shambhu Mahato @ Shambhunath Mahato
4. Jogindra Mahato @ Jogindar Mahato               ......    Petitioners
                        Versus
The State of Jharkhand & Anr.                            ......     Opp. Parties

                    ---------

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---------

For the Petitioners       : Mr. Gautam Kumar, Advocate
For the State             : Mr. Mihir Kunal Ekka, Advocate

04/Dated: 29/09/2021

This petition has been heard through Video Conferencing in view

of the guidelines of the High Court taking into account the situation arising due

to COVID-19 pandemic.

Learned counsel for the petitioners submits that the petitioners

had filed Title (Partition) Suit No. 117/1992 for partition of their lands and the

suit was decreed on 30.04.2008 by the Court of the learned Subordinate Judge-

Vth and as per the preliminary decree, the final decree was drawn up on

06.12.2012 on the basis of the Survey Pleader Commissioner Report dated

17.07.2012 and was made a part of the final decree. Thereafter, Execution Case

No. 06/2013 was filed for writ of delivery of possession as per the final decree

which is presently pending and during its pendency, the complainant and his

brother on 05.01.2018 filed Civil Misc. Case No. 02/2018 under Order XXI Rule

97, 98 and 101 r/w 151 of Code of Civil Procedure. He submits that the case of

the petitioner is fully covered with judgment in the case of Hitesh Verma V.

The State of Uttarakhand & Anr. reported in (2020) 10 SCC 710.

State is directed to file counter-affidavit within four weeks.

Let notice be issued upon the O.P. No. 2 under registered cover

with A/D as well as by ordinary process for which requisites etc. must be filed

within two weeks.

The petitioners shall not be arrested in connection with SC/ST

Case No. 97 of 2019 arising out of C.P. Case No. 3006 of 2019 pending in the

Court of learned District & Additional Sessions Judge-VI-cum-Special Judge,

SC/ST, Dhanbad, till the next date.

Post the matter on 20.12.2021.

(Sanjay Kumar Dwivedi, J.)

Satyarthi/-