ORDER :

1. The present case is taken up today through video conferencing.

2. The present writ petition was initially filed for issuance of direction upon the respondents to restrain the construction over the land appertaining to Khata No. 21, plot nos. 729 and 734, Mouza-Darida, P.S. Tamar, Thana No. 186, District Ranchi measuring total area of 14.46 acres (hereinafter to be referred as “the said land”).

3. Subsequently, by way of an interlocutory application being I.A. No. 1479 of 2021, the petitioner has sought amendment in the writ petition to the extent of adding some state authorities as party respondents and making additional prayer to set aside the order dated 19.09.2019 passed by the Sub-Divisional Magistrate, Bundu, Ranchi under section 144 of Cr.P.C. in Case No. M-15/2019. The petitioner has also prayed in the said interlocutory application to set aside the notice as contained in memo no. 592(ii) dated 16.09.2020 issued by the Circle Officer, Tamar Ranchi whereby a date was fixed for demarcation of the said land. Further prayer has also been made in the said interlocutory application for issuance of direction upon the respondents to restore the possession of the said land in favour of the petitioner who was in lawful possession of the same as also to pay the compensatory penal cost in his favour for causing unnecessary harassment and torture.

4. Learned counsel for the petitioner submits that the petitioner/his ancestors are the lawful tenants of the said land. Earlier, the said land was wrongly recorded in the name of Sakina Bibi in the survey khatiyan. Thereafter, the ancestor of the petitioner namely Rajab Ali filed objection against the said entry, which was allowed and the said land was recorded in the name of Rajab Ali, who was the eldest among the three brothers. The said land was divided among them on 07.04.1934 and all of them came in peaceful possession of the same. The descendants of Rajab Ali sold the said land to the respondent no. 2 on 04.05.2007, which was actually in the share of the petitioner. It is further submitted that the said land was in possession of the petitioner and the respondent no. 2 never came in possession of the same after its purchase vide sale-deed dated 04.05.2007. Earlier a proceeding under section 144 Cr.P.C. was initiated vide Misc. Case No. 121 of 2011 on the application of one Nikolas Tete against the ancestors of the petitioner namely Md. Afgani and others which was disposed of by the Sub-Divisional Magistrate, Ranchi on 16.12.2011 directing the parties to move before appropriate forum. Emanual Barla (the respondent no. 2) preferred an application for demarcation of the said land whereupon the Circle Officer, Tamar (Ranchi) issued notice as contained in memo no. 592(ii) dated 16.09.2020 directing the adjoining raiyats to remain present at the time of measurement scheduled to be held from 06.10.2020 to 08.10.2020. The respondent no. 2 had also filed an application before the Sub-Divisional Magistrate, Bundu, Ranchi and on the basis of the said application, a proceeding being Case No. M-15/2019 was initiated under Section 144 Cr.P.C. The said authority, vide impugned order dated 19.09.2019, ordered to vacate the said land in favour of the respondent no. 2 and restrained the second party (the petitioner and others) from entering the same by superseding his own earlier order dated 16.12.2011. It is also submitted that the Sub-Divisional Magistrate, Bundu, Ranchi failed to appreciate that the respondent no. 2 had not brought on record any evidence to show his possession over the said land since the date of purchase. On the other hand, the petitioner had shown his physical possession over the ancestral landed property since 07.04.1934 till the date of dispossession. In the garb of demarcation of the said land, the respondent no. 2 has misused the entire government machineries and has forcefully dispossessed the petitioner. When the petitioner went to Tamar Police Station for lodging co