RANCHI, India, Jan. 23 -- Jharkhand High Court issued the following order on Dec. 22:
1. The instant public interest litigation has been filed for grant of following reliefs:
a. For issuance of appropriate writ(s), order(s) or direction(s) upon the Respondent authorities particularly Respondent No. 1 to restore the pond to its original condition situated within Mouza Bagakura, Thana No. 534, District Deoghar, Jamabandi No. 6, Plot No. 30 admeasuring an area of 5.57 Acres (hereinafter referred to as the Scheduled Property) which has been filed by the Respondent No. 4 and construction activity is undertaken in violation of Section 35 of the Santhal Pargana Tenancy (Supplementary Provisions) Act 1949.
b. For the issuance of appropriate writ(s), order(s) or direction(s) upon the Respondent No. 1 to ensure that the construction work being undertaken by the Respondent No. 4 upon the Scheduled Property which was a pond be stopped till the adjudication of the instant PIL.
AND/OR
c. For issuance of such other writ(s), order(s) or direction(s) as this Hon'ble Court may think just and proper in the facts and circumstances of the case doing conscionable justice to the petitioner.
2. We are not at all going into the locus of the petitioner in filing the instant petition given the fact that the State through its Circle Officer, Mohanpur, Deoghar has filed counter affidavit wherein it has been stated that the State is already seized of the matter and has stopped the construction work that was being carried out.
3. Since the State is already seized of the matter, we deem it appropriate to dispose of this public interest litigation by directing the State to take the proceedings to the logical end in accordance with law.
4. Petitioner is at liberty to bring all the illegalities to the notice of the State authorities.
5. Pending Interlocutory Application, if any, stands disposed of.
Disclaimer: Curated by HT Syndication.
