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2018 DIGILAW 914 (JHR)

Swaroop Kumar Sethi v. State of Jharkhand

2018-04-24

RAJESH SHANKAR

body2018
ORDER : 1. The present writ petition has been filed for quashing the proceeding related to Case No. MP 17/2017 intimated vide notice dated 16.10.2017 (Annexure-5 to the writ petition) issued by the respondent No.4 arising out of the order dated 29.09.2017 passed by the respondent No.3 in J.B.C Appeal No. 25R 15/2016-17, as the order passed in the said appeal has been challenged by the petitioners before the respondent No.2 in J.B.C Revision No. 69/2017 and the same has been admitted for adjudication. It has also been prayed for restraining the respondent No.4 from proceeding further in Case No. MP 17/2017 for executing the order dated 29.09.2017 passed by the respondent No.3 in J.B.C Appeal No. 25R 15/2016-17 directing the petitioners to vacate the premises in question and hand over the possession of the same to the respondent No.5, till disposal of J.B.C Revision No. 69/2017 preferred by the petitioners before the revisional authority (the respondent No.2) under Section 37 of the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011 [hereinafter referred to as ‘the Act, 2011’]. 2. The brief facts of the case, as stated in the writ petition, is that the respondent No.5 claiming herself to be the landlady of the premises in question filed J.B.C Case No. 29/2015 against the petitioners under Section 19(1)(d)(c) of the Act, 2011 in the Court of the respondent No.4. The respondent No.4 vide order dated 25.04.2016, dismissed the said case. Aggrieved by the said order, the respondent No.5 preferred an appeal being J.B.C. Appeal No. 25R 15/2016-17 in the Court of the respondent No.3. The said appeal was allowed in favour of the respondent No.5 vide order dated 29.09.2017. Thereafter, the petitioners preferred revision being J.B.C Revision No. 69/2017 in the Court of the respondent No.2 which is still pending for adjudication. 3. Learned counsel for the petitioners submits that the limited grievance of the petitioners is that though the revision petition preferred by the petitioners is pending in the Court of the respondent No.2, yet the respondent No.4 is taking steps for execution of the order dated 29.09.2017 passed by the respondent No.3 in J.B.C. Appeal No. 25R 15/2016-17 which would be evident from the impugned notice dated 16.10.2017 issued in Case No. MP 17/2017 (Annexure-5 to the writ petition). It is further submitted that the respondent No.5 is pursuing the matter for eviction of the petitioners from the premises in question requesting the respondent No.4 to depute the Magistrate and police force for the same. 4. Learned counsel for the respondent No.5 (caveator) submits that the petitioners have been occupying the premises in question in unauthorized manner over a period of time and therefore the action taken by the respondent No.4 at the instance of the respondent No.5 for their eviction from the premises in question is lawful. 5. Learned A.C to S.C (L&C) submits that since the revision petition preferred by the petitioners is still pending in the Court of the respondent No.2, the present writ petition is not maintainable. 6. Heard learned counsel for the parties and perused the relevant documents available on record. Admittedly, the revision petition preferred by the petitioners is pending before the Court of the respondent No.2. On perusal of the order sheet of J.B.C Revision No. 69/2017, it appears that the said case was taken up on 04.12.2017 and 02.04.2018 by the respondent No.2. The L.C.R has been called for by the respondent No.2 vide order dated 02.04.2018 and the next date has been fixed as 16.07.2018. Under the aforesaid circumstance, learned counsel for the petitioners as well as the respondent No.5 jointly submit that they will fully co-operate the respondent No.2 in disposal of the said revision petition itself on the next date fixed i.e. 16.07.2018. 7. In view of the said submission of learned counsel for the petitioner as well as the respondent No.5, the respondent No.2 is directed to make due endeavour to dispose of J.B.C Revision No. 69/2017 on the next date fixed i.e. 16.07.2018. 8. Till the disposal of J.B.C Revision No. 69/2017, the respondent No.4 shall not take any coercive steps for eviction of the petitioners from the premises in question. 9. The present writ petition is accordingly disposed of with the aforesaid observation and direction. Petition disposed of.