Bhuneshwar Mahto vs State Of Jharkhand & Ors. on 18 July, 2012

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Jharkhand High Court

Bhuneshwar Mahto vs State Of Jharkhand & Ors. on 18 July, 2012

Bench: Aparesh Kumar Singh

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  W.P.(C) No. 2115 of 2006
                                         ...
                Bhubneshwar Mahto                    ...    ...     Petitioner
                                  -V e r s u s-
                The State of Jharkhand & Ors.        ...    ...     Respondents.
                                         With
                                  W.P.(C) No. 6484 of 2004
                                         ...
                Bhubneshwar Mahto                    ...    ...     Petitioner
                                  -V e r s u s-
                The State of Jharkhand & Ors.        ...    ...     Respondents.
                                         ...
                CORAM: - HON'BLE MR. JUSTICE APARESH KUMAR SINGH.
                                        ...
                For the Petitioner      : - Mr. P. C. Deshwarty (in both cases)
                For the Respondents : - JC to SC (L&C) ( in both cases)
                                        ...

06/18.07.2012

Heard learned counsel for the petitioner as well as counsel for the respondent-State.

It appears that the question raised in this writ application requires determination of certain facts raised by the petitioner and denied by the respondents relating to the genuineness of documents i.e. Hukumnama on the basis of which the petitioner is claiming right, title, interest over land in question. In earlier round of litigation, this Court had directed the Circle Officer, Padma, Hazaribag to consider the show cause and pass an appropriate order within specified time. The order was passed by the Circle Officer is at Annexure-A to the counter affidavit in WPC No. 6484 of 2004. From the perusal of the said counter affidavit and also considering the aforesaid facts, it appears that claim of the petitioner involves determination of question of fact involving genuineness of documents upon which he is relying to establish his right, title and interest over the property in question, this Court in exercise of writ jurisdiction is constrained to render any finding of facts relating to disputed question of facts and genuineness of documents.

Accordingly, this writ petition is disposed of by granting liberty to the petitioner to approach the Competent Authority i.e. Court of Civil jurisdiction in relation to subject matter of dispute for adjudication of his right, title and interest over the property in question.

Accordingly, this writ petition stands disposed of.

(Aparesh Kumar Singh, J.) Kamlesh/

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