Dismissed

Bhagwati Prasad Agrawal Alias Tamakkuwala v. the State of Jharkhand

Jharkhand HC3 Nov 2022C.M.P./366/2022

Case brief

AI extract

What is this about?

CMP filed under Article 226 seeking quashing of final civil appeal order and mandamus to protect land possession. Court quashed the writ petition as not maintainable against the impugned final civil appeal order and declined issuance of mandamus.

What did the court decide?

CMP dismissed as not maintainable against the final order in civil appeal; no mandamus issued.

Bhagwati Prasad Agrawal Alias Tamakkuwala Vs the State… — Landlord and Tenant | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C. M. P. No. 366 of 2022

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Bhagwati Prasad Agrawal @ Tamakkuwala … …. Petitioner

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Versus

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The State of Jharkhand

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The Secretary, Revenue and Land Reforms Department, Govt. of Jharkhand, Ranchi

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The Commissioner, Santhal Pargana Division, Dumka

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The Deputy Commissioner, Sahebganj

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The Khas Mahal Officer, Sahebganj

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The Superintendent of Police, Sahebganj

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The Principal, Central School, Sahebganj … …. Opp. Parties

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : Mrs. Kanchan Lata, Advocate For the Opp. Party :

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Oral Order

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11 / Dated : 03.11.2022

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The instant civil misc. petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 29.05.2020 passed in Civil Appeal No. 49 of 2018 whereby the appeal has been dismissed.

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A further prayer has been made for issuance of writ in the nature of mandamus, directing the respondents authorities especially Khas Mahal Officer for not disturbing the possession of the petitioner over the land in question.

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The petitioner had earlier filed W.P.(C) No. 1314 of 2014 which was dismissed in terms of the order dated 07.12.2015 passed by this Court with a liberty to the petitioner to get his right adjudicated through the Civil Court.

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The case of the petitioner is that the land pertaining to Khata No. 810, Plot No. 1429/1936, 1430/1937 was leased to the grand-father of the petitioner and was recorded in Register-II. The lease period expired on 31.03.1961 and when it came to their knowledge, the renewal application was filed on 16.08.1989 and the petitioner continued to pay the rent upto 1994-95.

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Opposite party no. 2 issued letter No. 1705 dated 04.06.2012 by which the land in question was transferred to Central School.

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The title suit filed by the petitioner being T.S. No. 28 of 2016 was dismissed and against which the appeal was filed bearing Civil Appeal No. 49 of 2018. After the dismissal of the appeal, the present petition has been filed.

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This Court is of the view that the petition is not maintainable against the final order passed in the civil appeal and further this Court while exercising

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power under Article 227 of the Constitution of India cannot issue a mandamus to the competent authority from not disturbing the possession of the petitioner.

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The CMP is dismissed as not maintainable.

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(Gautam Kumar Choudhary, J . )

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AKT

Bhagwati Prasad Agrawal Alias Tamakkuwala v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bhagwati Prasad Agrawal Alias Tamakkuwala v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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