The Circle Officer lacked jurisdiction to issue prohibitory orders regarding property use, rendering such orders void and unenforceable.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. The subject matter of the present writ petition concerns a piece of land situated at Thana No. 564, Khata No. 18, Plot No. 66, measuring an area of 2.05 acres, located at Mausa Chaksirimisrbandh.

BACKGROUND FACTS:

3. The subject land was purchased by one Shanti Lata Sarkar through registered Sale Deed dated 16.10.1946 from Shivanand Brahmachari @ Bharat Chandra Chakravorty, Gurupita Swami Dhurv Nand Giri. The name of Late Shanti Lata Sarkar is duly recorded in the entries made in the Register-II.

4. Shanti Lata Sarkar died leaving behind her legal representatives namely Santosh Sarkar, Ashutosh Sarkar, Paritosh Sarkar, Bhabatosh Sarkar and Mantosh Sarkar (five sons) and five daughters namely Radha Rani Ghosh, Sudha Rani Mazumdar, Shobha Rani Nandi Mazumdar, Bibha Nandi Mazumdar and Nibha Rani Sinha.

5. In the meantime, Holding Tax Receipt is issued in the name of Anjan Sarkar (legal representative of Late Shanti Lata Sarkar). The Holding Tax Receipt was issued for the Financial Year 2016-17 and 2017-18 and legal representative of Late Shanti Lata Sarkar has deposited the Holding Tax. The Rent Receipts are duly issued in the name of the legal representatives of Late Shanti Lata Sarkar.

6. The legal representatives of Late Shanti Lata Sarkar executed a registered Power of Attorney in favour of the petitioners on 09.02.2017 for the managing, supervising, looking after and control of the matters and to commence, prosecute, carryon or defend or resist all suits and other actions and proceedings or to be added as a party or withdraw the same concerning the properties or any part thereof in any court in civil, criminal, revenue or revisional jurisdiction, including jurisdiction of the High Court under Article 226 of the Constitution of India and to sign and verify all plaints, written statements in connection with the land bearing plot no. 66 Jamabandi No. 18 having an area of 1.86 Acres and Plot No. 68, Jamabandi No. 15 having an area of 0.14 Acres a total area of 2.00 Acres under Jamabandi No. 18 and 15 situated at Mouza Chaksirimisir Bandh, Mouza No.564, Mohanpur, Deoghar.

PROCEEDINGS LEADING TO PASSING OF THE IMPUGNED ORDER:

7. The Circle Officer, Mohanpur issued letter dated 08/09. 02. 2017, directing the petitioner to stop construction of the land in question with a further direction to appear before the said authority on 14 February 2017, along with documents relating to the land. Upon receipt of the above said letter the petitioner appeared before the concerned authority and filed its written representation along with the relevant documents. The petitioner has stated that the petitioners visited the office of the Circle Officer, Mohanpur on 7 July 2017 and submitted its representation along with the documents and made a prayer to reject the complaint made by private person regarding the allegation of encroachment over the land. Without passing any order on the representations made by the petitioner, the Circle Officer, Mohanpur issued a notice to the 16 Anna Raiyats of Mouza Chaksirimisrbandh, directing them to file objections in connection with the land. Thereafter, the petitioners have claimed to visit the office of the Circle Officer, Mohanpur on 26 August 2017, and filed a representation with request to drop the enquiry. Since no decision was taken by the Circle Officer, Mohanpur, the petitioner was constrained to file a Writ Petition before the High Court of Jharkhand, which was numbered as WPC No. 2431 of 2018. The above stated petition was disposed of by the court by an order dated 26 June 2018, directing the