High CourtsSingle Bench(2018) 04 JH CK 0114

BHARAT COKING COAL LIMITED vs STATE OF JHARKHAND

Jharkhand High Court · Decided on 18 April 2018

HON’BLE JUDGES
Shree Chandrashekhar, J
RESULT
Disposed Off
CASE NUMBER
W.P.(C) No.2704 of 2013

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Judgment

12 paragraphs · 240 words
1.

The petitioner-M/s BCCL is aggrieved of order dated 20.05.2010 passed in Misc. Appeal No.54 of 2010.

2.

Title Suit No.173 of 2009 was instituted by M/s BCCL for a declaration of its right, title and interest over the suit land by virtue of acquisition and

delivery of possession of it under Land Acquisition Act. In the pending suit an application under Order XXXIX Rules 1 and 2 CPC was filed

which was dismissed on 17.02.2010. Against this order the plaintiff has preferred Misc. Appeal No.54 of 2010; against rejection of Misc. Appeal the

petitioner has approached this Court.

3.

Without recording facts of this case in detail, suffice would be to record that by an interim order dated 15.07.2010 the respondents were restrained

from creating third party interest in the shops under construction. Subsequently, by order dated 04.05.2012 parties were directed to maintain 'status

quo'. It is admitted at bar that even after more than 5 years when an order directing the parties to maintain 'status quo' was passed, the suit has not

been disposed of.

2.

Accordingly, this writ petition stands disposed of with a direction to the parties to adhere to the directions issued by this Court on 15.7.2010 and

04.05.2012 and the impugned order dated 20.05.2010 is modified to the aforesaid extent. The trial judge shall endeavour to dispose of Title Suit

No.173 of 2009 within one year. 5. I.A. No.1453 of 2012 stands disposed of.