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2012 Supreme(Jhk) 1644

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Prakash Tatia, C.J., Jaya Roy, J.
Ramdhani Prajapati & Others - Appellants
Versus
M/s. Feckon Constructions & Industries Pvt. Ltd. & others - Respondents
L.P.A. No. 435 of 2011
Decided On : 26th November, 2012

Advocates Appeared:
For the Appellants :Mr. V.Shivnath, Sr. Advocate
For the Respondents:Mr. P.K.Prasad, Sr. Advocate.

Headnote:Constitution of India-Article 226---Police protection—Camouflage should not be allowed to make writ court as a civil court under provisions of CPC---Order of single Judge directing petitioner to move application before authorities so as to obtain protection of life, liberty and property set aside. (Paras 12 to 14)

       WP(C) 639 of 2010---Set aside.

ORDER

Heard learned counsel for the parties.

2. The present appellants are aggrieved against the order dated 21.10.2011 passed in W.P.(C) No. 639 of 2010 by which, after rejecting the Interlocutory Application being I.A. No. 3087 of 2011 filed by 17 persons-appellants, the learned Single Judge disposed of the writ petition with direction that the petitioner shall once again move an application before Deputy Commissioner, Ranchi and the Senior Superintendent of Police, Ranchi to ensure that the life, liberty and property in the writ petition be safeguarded from the antisocial elements and needful shall be done on deposit (by petitioner) of necessary expenses and cost within a period of six weeks.

3. The facts of the present case as stated by the writ petitioner in his writ petition are that present controversy is relating to the immovable property comprises of land, building and orchard appertaining to M.S.Plot No. 1608 and 1609 corresponding to Municipal Holding No. 488 (Old), 1185 (New) in Ward No. VII (Old), 17 (New) of Ranchi Municipal Corporation, Ranchi measuring an area of 5.528 acres or about, situated at Mauza Konka at 62, Circular Road, Ranchi in the town of Ranchi. The recorded owner of the property was alleged to be Sri R.N.Mookerji who died on 15th May, 1936 leaving behind his son Sri Birendra Nath Mookerjee and it has been alleged that he inherited the entire estate. Sri Birendra Nath Mookerjee executed his last Will on 17.06.1937 whereunder Lady Ranu Priti Mookerjee, wife of Sri Birendra Nath Mookerjee, was given life interest over the said property and on her death, the same were vested upon her only son Romendra Nath Mookerjee. In November, 1982, Sri Birendra Nath Mookerjee died leaving behind his widow Lady Ranu Priti Mookerjee, one son namely Romendra Nath Mookerjee and two daughters namely Neeta Pillai and Geeta Banerjee. A Probate was obtained from the Calcutta High Court in Probate Case No. 12 of 1984 in favour of Lady Ranu Priti Mookerjee in respect of the said Will. Sri Romendra Nath Mookerjee died intestate on 20.02.1993 leaving behind his descendants, his mother Smt. Ranu Priti Mookerjee, his widow Dipti Mookerjee and two sons and two daughters. Smt. Ranu Priti Mookerjee died on 15th March, 2000.

4. Be that as it may, ultimately by different sale deeds registered on various dates, the property was sold to the writ petitioner M/s. Feckon Constructions & Industries Pvt. Ltd., and according to the writ petitioner, the said company was put in possession also. The petitioner, thereafter, got their name mutated in the month of February 2006 and January, 2008.

5. One Sri Janab Salim Saheb filed a suit for injunction against Lady Ranu Priti Mookerjee being Title Suit No. 35 of 1990 in the court of Munsif, Ranchi on the basis of one agreement dated 14.06.1986. During the pendency of the said suit, said Ranu Priti Mookerjee died and her legal representatives were added as party by substitution. Said Title Suit No. 35 of 1990 was dismissed by the Additional Munsif, Ranchi on 12.09.2008 holding therein that the alleged agreement dated 14.06.1986 has got no force and is not enforceable because of the limited right of Lady Ranu Priti Mookerjee.

6. In addition to above civil litigation, there was proceeding under Section 144 Cr.P.C. which was challenged in Criminal Revision No. 309 of 2008 and ultimately, said Criminal Revision No. 309 of 2008 was withdrawn and the Executive Magistrate dropped the proceeding under Section 144/145 Cr.P.C. vide order dated 18.04.2009.

7. One Title Suit No. 241 of 2001 was filed by writ petitioner's vendor Smt. Dipti Mookerjee, in the Court of Sub-Judge I, Ranchi against 5 defendants, for declaration of plaintiff's title to the suit property and seeking perpetual injunction against the defendants of the Title Suit No. 241 of 2001. The defendant No. 1 was contesting the title claim of the plaintiff and was claiming his title over the property and took the plea that in view of pendency of earlie









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