Jharkhand High Court
Mihi Lal Manjhi vs State Of Jharkhand on 1 November, 2018
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 4650 of 2018
1. Mihi Lal Manjhi
2. Ravi Manjhi
3. Mohan Manjhi ...... Petitioner
Versus
1. State of Jharkhand
2. Jugal Manjhi ...... Opposite
Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. R.C.P.Sah, Advocate
For the State : A.P.P
For the O.P.No.2 : Mr. Pratiush Lala, Advocate.
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03/Dated: 01/11/2018
Pursuant to order dated 16.08.2018, all the petitioners and the O.P.No.2 Fagan Tigga are physically present before this court alongwith their counsel and the possibility of reconciliation between them through the process of mediation is explored.
The prosecution is that the SDM, Chas settled the land of Mouza Satanpur Khata no.125,Plot no.1004, Area 3 Acres which was Gairmazurwa land in favour of O.P.No.2 being tribal. After settlement, the O.P.N0.2 started cultivating the land and also mutated the land in his name. On 15.03.2016 all the accused persons including the petitioners started cutting soil of his land with JCB Machine O.P.No.2 objected the same, the accused persons started assulting him and his wife with sticks and slaps and also took Rs. 3000/- from the pocket of O.P.N.2 and a silver chain from the neck of his wife. Hence, this case.
Before passing any order, let an inquiry be conducted for the proper verification of the land in question.
So, in view of the judgment rendered by the Hon'ble Division Bench of this Court in the case of Radha Devi Vs. State of Jharkhand in W.P.(PIL) No. 3290 of 2014, Mr. Santosh Anand Prasad, who have been appointed as Deputy Secretary, JHALSA, Nyay Sadan, to look after the " BHOODAN"
matters Ranchi, pursuant to the aforesaid judgment, is directed to visit the spot after 03.12.2018 as mentioned herein above, with the help of Principal District Judge-cum- Chairman, DLSA, Bokaro, the Secretary, DLSA, Bokaro, Superintendent of Police, Bokaro , the S.D.O. Bokaro and the Officer-in- Charge of the local P.S. and after getting complete status of the aforesaid property, submit the status report of the said property, especially regarding possession of the land, to this court on or before the next date fixed in this case.
Further, Mr. Santosh Anand Prasad is directed that before visiting the property in question, issue notice to the petitioners through their learned counsel, who are conducting their case in the court below namely, Mr. Janardan Mukherjee, Advocate ( mobile no. 9661404447) and the O.P.No.2 through his counsel namely, Mr. Anant Lal Pandey, Advocate( Mobile no. 9931167005) and O.P.No.2 ( mobile no. 9097749848) giving at least 72 hours' notice for their presence on the spot on the date of verification of the said property.
List all the cases on 24.01.2019. Physical appearance of the parties is dispensed with for the present.
Till then, interim relief granted earlier in all the cases shall continue. Let a copy of this order be communicated to the trial court, the Member Secretary, JHALSA, Nyay Sadan, Doranda, Ranchi for its onward transmission to Sri Santosh Anand Prasad, Deputy Secretary,JHALSA, Principal District Judge-cum- Chairman, DLSA, Bokaro, the Secretary, DLSA, Bokaro, Superintendent of Police, Bokaro , the S.D.O. Bokaro and the Officer- in-Charge of the local P.S, the Nodal Officer and the learned counsel for the petitioners and the learned Addl.P.P. ( Anant Bijay Singh, J.) Raman/