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2013 DIGILAW 423 (JHR)

Guru Prasad @ Guru Prasad Sahu v. State of Jharkhand

2013-04-02

P.P.BHATT

body2013
JUDGMENT Petitioner by way of filing the present writ petition under Article 226 of the Constitution of India has prayed for issuance of an appropriate writ/ order/ direction for quashing and setting aside the notice dated 11.3.2013 issued by the Circle Officer, Simdega in Case No. 12 of 2012-13 as contained in Annexure-3 to the writ petition by which the respondent No.5 has intimated the petitioner for delivery of possession. 2. It is the case of the petitioner that petitioner has preferred SAR Revision No. 97 of 2011 before the Commissioner, South Chotanagpur Division, Ranchi. Copy thereof has been produced vide Annexure-1 to this petition. 3. Learned counsel for the petitioner, while referring prayer clause of the petition, pointed out that petitioner has specifically prayed that operation of the impugned notice be stayed during pendency of this writ petition. 4. Learned counsel for the petitioner, while referring Annexure-2 i.e. order-sheet, pointed out that revision application filed before the Commissioner, South Chotanagpur Division, Ranchi is pending since 16.8.2011 and from time to time, the matter has been adjourned on one ground or the other, as the Commissioner remained busy for some other administrative work and the hearing of the revision is kept today i.e. on 2nd April, 2013. Learned counsel for the petitioner further submitted that in the meantime petitioner has received notice vide Annexure-3 dated 11.3.2013 issued by the Circle Officer, Simdega, whereby the petitioner has been asked to vacate the premises and hand over the possession. 5. Learned counsel for the petitioner, while referring para-22 of the writ petition, pointed out that the petitioner along with his family members are residing in the house existing over the land under proceeding. It is submitted that though the revision application is filed before the Commissioner along with application for grant of interim relief, the same has not been considered till date and the matter has been adjourned from time to time and on the other hand, the Circle Officer has issued notice vide Annexure-3, whereby the petitioner has been asked to vacate the premises and hand over the possession. Under the circumstances, petitioner has no other remedy except to approach this Court by filing the present writ petition. 6. Under the circumstances, petitioner has no other remedy except to approach this Court by filing the present writ petition. 6. Learned counsel appearing for the respondents-State Government submitted that revision proceeding is pending before the Commissioner, South Chotanagpur Division, Ranchi and therefore, this writ petition may be disposed of by giving necessary direction to the respondents to pass appropriate order in accordance with law. 7. Considering the aforesaid rival submissions of the learned counsel for the parties and on perusal of the materials placed on record and more particularly in view of the order-sheet annexed to this petition vide Annexure-2, it appears that revision application filed by the present petitioner is pending since 16.8.2011 and the petitioner is awaiting for effective hearing of application for grant of interim relief, but it appears that the learned Commissioner has not taken up for hearing and considered the same till date. It appears that on the other hand the petitioner has been asked to vacate the premises vide notice (Annexure-3) dated 11.3.2013. 8. Under the circumstances, Commissioner, South Chotanagpur Division, Ranchi is expected to deal with the prayer for grant of interim relief immediately in accordance with law so that the revision application filed by the present petitioner may not become infructuous. Therefore, the present petition is required to be disposed of by giving necessary direction to the learned Commissioner, South Chotanagpur Division, Ranchi to deal with and decide the prayer for grant of interim relief expeditiously without further delay so that the revision application filed by the present petitioner may not become infructuous Therefore, till the Commissioner takes up the revision application and considers the prayer with regard to grant of interim relief, protection is required to be granted, looking to the peculiar facts and circumstances of the case. 9. Therefore, the status quo be maintained till the Commissioner takes up the application for grant of interim order which is filed along with revision application and considers the prayer with regard to grant of interim relief. 10. Since the revision application is pending since 2011, Commissioner shall make endeavour for disposal of the said revision application expeditiously. 11. With the aforesaid observation and direction, this writ petition stands disposed of. (I.A. No. 1686 of 2013 and I.A. No. 1687 of 2013) Since the main petition has been disposed of, no further order is required to be passed. Accordingly, both the I.As. 11. With the aforesaid observation and direction, this writ petition stands disposed of. (I.A. No. 1686 of 2013 and I.A. No. 1687 of 2013) Since the main petition has been disposed of, no further order is required to be passed. Accordingly, both the I.As. also stand disposed of. Let the order be communicated through FAX to the Deputy Commissioner, Simdega i.e. respondent No.3 at the cost of the petitioner.