Md. Jalil @ Jalo vs The State Of Jharkhand
2022 Latest Caselaw 1549 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr.M.P. No. 2816 of 2021
             1. Md. Jalil @ Jalo
             2. Shajadi Parveen @ Shazadi Parveen
             3. Md. Reyazuddin
             4. Mosrrat Jahan @ Mosamat Jahan                      ... Petitioners
                                       -Versus-
             1. The State of Jharkhand
             2. Shankar Prasad Mehta                               ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Prabhat Kumar Sinha, Advocate Ms. Kumari Ranjana Singh, Advocate For the Opposite Party-State : Mr. Bhola Nath Ojha, A.P.P.

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04/18.04.2022. Mr. Prabhat Kumar Sinha, learned counsel for the petitioners submits

that whatever the certified copy supplied to the petitioners, has been filed

as it is.

In view of his such submission, surviving defect is ignored for the

time being.

Mr. Prabhat Kumar Sinha, learned counsel for the petitioners submits

that sale deed no.17373, dated 14.09.1990 which is in the name of Gulam

Subhani, is with respect to land of Khata No.91 and not with respect to

Khata No.22 and 24. He further submits that the said Gulam Subhani sold

the land to various persons. By the sale deed dated 14.09.1990, Gulam

Subhani had purchased lands under Khata No.91 whereas rent receipt

enclosed in the FIR suggests that he had got mutation of both Khata No.91

and 22 vide Mutation Case No.427/90-91. He further submits that Md. Jalil,

who is one of the plaintiff, had filed Title Suit No.37/1997 against Gulam

Subhani and others with respect to the land measuring an area of 1.22

Acres of Khata No.24, Plot No.62 and vide judgment 30.05.2019, it was

decreed in favour of the plaintiff. He also submits that the land with respect

to Khata No.91, Plot No.65 area 32 decimals was recorded in the name of

Ghoghul Dushadh, grandfather of Gobardhan Ram, who sold the land in

favour of petitioner no.1 vide deed no.18411 dated 29.11.2007 and the

same was mutated in revenue records and petitioners no.1 is paying rent.

Let notice be issued upon opposite party no.2 by ordinary process as

well as registered post with A/D, for which, requisites etc. must be filed

within a week.

Learned counsel for the State shall take instruction and file counter

affidavit.

Let this matter appear on 18.07.2022.

The petitioners shall not be arrested in connection with Korra P.S.

Case No.89/2021, pending in the court of the learned Additional Chief

Judicial Magistrate, Hazaribag, till the next date.

The petitioners shall cooperate in the investigation.

(Sanjay Kumar Dwivedi, J.) Ajay/