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Md Mustafa and ors Vs. Collectariate

Md Mustafa and ors vs Collectariate

Type Court Judgment Court Jharkhand Decided Dec 19, 2012
~4 min read
https://sooperkanoon.com/case/972256

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Citation
Court
Jharkhand High Court
Decided On
Subject
Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

Md Mustafa and ors

Respondent

Collectariate

Excerpt

.....that the petitioners approached this court by way of filing c.w.j.c. nos. 10410, 10387 & 10389 of 1999(r). initially, the petitioners were protected by this court but subsequently, by order dated 15.03.2012, since there were disputed question of facts, the petitioners were directed to file civil suit before the competent court having jurisdiction and the interim protection, which was granted by the court, was extended, so as to enable the petitioners to approach the competent civil court along with application for interim relief and accordingly, the protection was extended till 30th april, 2012. thereafter, the petitioners have filed title suit no. 71 of 2012 (annexure-4) before the competent court having jurisdiction along with application under section 151 of the code of civil procedure for stay. the suit was instituted on 25.04.2012 along with the stay application. the stay application was kept for hearing on 05.05.2012. on 05.06.2012, the government pleader took time to file reply to the said application. accordingly, the matter was adjourned before the trial court but in the meantime, on 26.06.2012, the respondent-authority removed the encroachment and thereby demolished the structure, which was existent on the side, as there was no stay operating in the matter and under the pretext that there was a direction from the court to take action against the unauthorized construction.5. the learned counsel appearing for the respondent-state government submitted that since the title suit along with the application for stay filed by the present petitioners, is pending before the competent court, the court below may be directed to deal with and decide the said application.6. considering the aforesaid rival submissions and on perusal of the material on record, it appears that title suit no. 71 of 2012 (annexure-4) along with an application for stay is pending before the learned court of civil judge-i, godda. it appears that the government pleader took time to file.....

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P. (C) No. 4026 of 2012 Md. Mustafa & Others Petitioners -V e r s u s- The State of Jharkhand & Others Respondents. CORAM: - HONBLE MR. JUSTICE P.P. BHATT. For the Petitioners : - Mr. Ayush Aditya, Advocate. For the Respondent-State : - Mr. Arvind Kumar Mehta, J.C. to S.C. (Mines). 02/19.12.2012 The petitioners, by way of the present petition under Article 227 of the Constitution of India, have prayed for issuance of an appropriate writ/order/direction for quashing and setting aside the order dated 05.06.2012 (Annexure-10), passed by the learned Subordinate Judge-I, Godda in Title Suit No. 71 of 2012 (Annexure-4).

2. Heard the learned counsel for the petitioners and the learned counsel for the State 3. Perused the papers.

4. The learned counsel for the petitioners pointed out by referring Annexure-1, 2 and 3 to the writ petition, that the petitioners approached this Court by way of filing C.W.J.C. Nos. 10410, 10387 & 10389 of 1999(R). Initially, the petitioners were protected by this Court but subsequently, by order dated 15.03.2012, since there were disputed question of facts, the petitioners were directed to file civil suit before the competent court having jurisdiction and the interim protection, which was granted by the Court, was extended, so as to enable the petitioners to approach the competent civil court along with application for interim relief and accordingly, the protection was extended till 30th April, 2012. Thereafter, the petitioners have filed Title Suit No. 71 of 2012 (Annexure-4) before the competent court having jurisdiction along with application under Section 151 of the Code of Civil Procedure for stay. The suit was instituted on 25.04.2012 along with the stay application. The stay application was kept for hearing on 05.05.2012. On 05.06.2012, the Government Pleader took time to file reply to the said application. Accordingly, the matter was adjourned before the trial court but in the meantime, on 26.06.2012, the Respondent-authority removed the encroachment and thereby demolished the structure, which was existent on the side, as there was no stay operating in the matter and under the pretext that there was a direction from the court to take action against the unauthorized construction.

5. The learned counsel appearing for the Respondent-State Government submitted that since the Title Suit along with the application for stay filed by the present petitioners, is pending before the competent court, the court below may be directed to deal with and decide the said application.

6. Considering the aforesaid rival submissions and on perusal of the material on record, it appears that Title Suit No. 71 of 2012 (Annexure-4) along with an application for stay is pending before the learned court of Civil Judge-I, Godda. It appears that the Government Pleader took time to file reply to the said application and therefore, the matter was adjourned from time to time with a view to give opportunity to the defendant- Government but in the meantime, the part of the structure of the petitioners was removed by the Respondent-authority.

7. The learned counsel for the petitioners further submitted that the Respondent-authority have also put a gate on the entrance and applied lock on the said gate and therefore, the petitioners are finding difficulty in their daily movement.

8. Since the Title Suit No. 71 of 2012 (Annexure-4) is pending before the competent court along with application for stay, the court below is hereby directed to deal with and decide the said application expeditiously. The question with regard to the grant of interim relief is also required to be considered by the competent civil court having jurisdiction in the matter. Therefore, the court below is directed to deal with and decide the said application within a period of two months from the date of receipt of the order. In the meantime, the Respondent-authority shall make provision for access to the residential premises of the petitioners.

9. Till the civil court decides the application for interim stay, the parties are directed to maintain status quo, as on today, with regard to the suit land.

10. With the aforesaid observations and directions, this writ petition stands disposed of. (P.P. Bhatt, J.) APK

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