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Judgment
The present case is taken up through video conferencing. The present writ petition has been filed for issuance of direction upon the respondents
particularly the respondent no. 3- The Deputy Commissioner, Hazaribag to take action after inquiry for removal of the encroachment over the land
situated at Khata no. 289, plot no. 1657 measuring an area of 11 decimals at village Parashi, P.S. Ichak, District- Hazaribag in which a temple,
Dharamshala and a well are existing for more than 100 years, which have been grabbed at the behest of few interested persons who by destroying the
well and trees have constructed a shopping complex in the said premises in front and the side of the temple which was donated by the then Padma
Maharaj to Mahanth Bhagirath Das.
Learned counsel for the petitioner submits that the petitioner had earlier moved before this Court by filing Public Interest Litigation being WP(PIL)
No. 68 of 2003 with the aforesaid prayer. The said writ petition was disposed of by the learned Division Bench of this Court vide order dated
29.04.2008 directing the petitioner to prefer a fresh representation bringing the said fact to the notice of the Deputy Commissioner, Hazaribag who, in
turn, was directed to make inquiry and to dispose of the representation taking necessary action in accordance with law. Despite the said order, the
Deputy Commissioner, Hazaribag has not yet disposed of the petitioner's representation which has compelled the petitioner to prefer the present writ
petition.
I am of the view that since the learned Division Bench of this Court has already taken up the present issue in the earlier writ petition being WP(PIL)
No. 68 of 2003 and an order, as aforesaid, has already been passed, subsequent writ petition for the same cause is not maintainable. The writ petition
is accordingly dismissed as not maintainable. The petitioner is however at liberty to work out the recourses which may be available to him as per law.