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2021 Supreme(Jhk) 741

RAJESH SHANKAR
Krishna Lal Rungta – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R.S. Mazumdar, Mr. Nishat Kumar Roy
For the Respondent: Mr. Praveen Akhouri, Mr. M. K. Roy, Ms. Archana Kumari Singh

JUDGMENT :

The present writ petition has been filed for quashing the notice as contained in memo No. 620 dated 19.05.2017 (Annexure-3 to the writ petition) issued by the respondent No.3 at the instance of the private respondent No.5 whereby the notice has been issued to the petitioner fixing the date of measurement of the land on 20.05.2017, which is the subject matter of Original Suit No. 200 of 2017. Further prayer has been made for quashing the notice as contained in memo No. 974 dated 17.08.2017 (Annexure-7 to the writ petition) again issued by the respondent No.3 to the petitioner informing fixation of the date of measurement of the suit land on 24.08.2017 and deputing three Anchal Amins for the said purpose. The petitioner has also prayed for issuance of direction upon the respondent Nos. 2 & 3 not to interfere with and disturb the peaceful possession of the petitioner over the suit land during pendency of Original Suit No. 200 of 2017.

2. The factual background of the case, as stated in the writ petition, is that the ancestors of the petitioner, namely, Late Ram Richpal Marwari and Late Anandi Ram Marwari had purchased 2 Bighas 15 Katthas land appertaining to Khata Nos. 58 & 1

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