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High Court of Jharkhand · body

2025 DAILYLAW 4021 (JHR)

BISHWAMBHAR GOUR v. STATE OF JHARKHAND

C.M.P./100/2025 · 2025-04-15

Sanjay Kumar Dwivedi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:JHHC:11453] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 100 of 2025 1. Bishwambhar Gour aged about 76 years son of Sanatan Gour, 2. Kodakar Gour aged about 45 years son of Bishwambhar Gour; 3. Shib Charan Gour aged about 39 years son of Bishwambhar Gour, All resident of Mouza Pokhari, P.O. and P.S. M.G.M., Jamshedpur, District East Singhbhum. ..... … Petitioners Versus 1. State of Jharkhand. 2. Divisional Commissioner, Singhbhum (Kolhan) Division, P.O. and P.S. Chaibasa, District West Singhbhum. 3. Deputy Commissioner, East Singhbhum, Jamshedpur, P.O. Sakchi, P.S. Sakchi, District East Singhbhum. 4. Land Revenue Deputy Collector, East Singhbhum, Jamshedpur P.O. Sakchi, P.S. Sakchi, District East Singhbhum. 5. Dhuma Tudu son of Late Karep Santhal; 6. Rutu Santhal son of late Balram Santhal; 7. Jagannath Santhal son of Diku Santhal, Respondents Nos. 5, 6, 7 are resident of Mouza Deoghar, P.O. M.G.M., P.S. M.G.M., Dimna, Mango, Jamshedpur, District- East Singhbhum. ..... … Opposite Parties -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. R.S. Mazumdar, Sr. Advocate. : Mrs. Moushmi Chatterjee, Advocate. : Mr. Sumit Kumar, Advocate. For the State : Mr. Ranjan Kumar, A.C. to Sr. S.C.-I. For the Resp. Nos. 5 to 7 : Ms. Suggi Murmu, Advocate. ------ [2025:JHHC:11453] -2- 05/ 15.04.2025 Heard learned senior counsel appearing for the petitioners, learned counsel for the State and learned counsel appearing for the O.P. Nos. 5 to 7. 2. This petition has been filed under Article 227 of the Constitution of India for a direction upon the learned court to dispose of the injunction petition dated 10.12.2024, filed in Original Suit no. 593 of 2024, as there is a threat to dispossess the petitioners. 3. Mr. Mazumdar, learned senior counsel appearing for the petitioners submits that a petition under Order-XXXIX, Rules-1 and 2 of the CPC has been filed, which is still pending, in spite of that the Circle Officer has issued a letter, as contained in Annexure-7 to vacate the land in question. He submits that on this background, this petition has been filed and by the earlier order, the said order of the Circle Officer was stayed. He further submits that he has been instructed that now the private opposite parties herein have filed a petition before the learned Principal District and Sessions Judge to transfer the original suit, which is still pending. He submits that he has further got instruction that in the transfer petition, filed before the learned Principal District and Sessions Judge, the proceeding of Original Suit No. 593 of 2024 has been stayed. He also submits that the injunction was the subject matter earlier in C.M.P. No. 1115 of 2024 and the co-ordinate bench of this court has disposed of the said CMP requesting the learned court to dispose of the injunction petition within one month. 4. Learned counsel appearing for the private opposite parties submits that they are the owners of the land in question and the suit itself is not maintainable and in spite of the orders in their favour, the fruit of that has not been provided to them. 5. In view of the above and considering that the learned Principal District and Sessions Judge is in seisin with the matter and he has stayed the proceedings of Original Suit No. 593 of 2024, this [2025:JHHC:11453] -3- petition is disposed of with the liberty to the parties to move before the learned Principal District and Sessions Judge for appropriate order. 6. In view of the above, this petition is disposed of. Pending I.A., if any, stands disposed of. (Sanjay Kumar Dwivedi, J.) Amitesh/-