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2019 DIGILAW 598 (JHR)

Ranjan Kumar Sahu @ Ranjan Kumar v. Nirmala Sahu

2019-02-28

SUJIT NARAYAN PRASAD

body2019
JUDGMENT Sujit Narayan Prasad, J. - The writ petition is under Article 226 of the Constitution of India wherein the order passed for execution of the order passed by the Rent Controller in J.B.C. Case No.26/2015 is under challenge. 2. It is the case of the petitioner that after passing of the order by the original authority in J.B.C. Case No.26/2015, the appeal has been filed being J.B.C. Appeal No.40/2017 which has been admitted for hearing and interim order has also been passed on 10.01.2018 by the appellate forum but thereafter the appellate Court has not sat and in the meanwhile since six months'' time have lapsed, the Rent Controller taking aid of the judgment passed by the Hon''ble Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and Anr. vs. Central Bureau of Investigation reported in, 2018 16 SCC 299 that led the petitioner to approach this Court by filing the instant writ petition. 3. Mr. G. K. Prasad, learned SC (L&C) has submitted that now the appellate authority is holding Court. 4. Mr. Pandey Neeraj Rai, learned counsel for the petitioner has also fairly submitted that the Court is now being conducted by the appellate authority. 5. In view thereof, this Court thinks it just and proper to dispose of the writ petition taking into consideration the fact that the appellate authority is now conducting the Court and the order passed by the Rent Controller in J.B.C. Case No.26/2015 is subjudiced before him, therefore, without entering into the merits of the claim of the petitioner, the writ petition is disposed of giving liberty to the petitioner to pursue his appeal so that it may be disposed of at an early date. 6. Learned counsel for the petitioner has submitted that since the subsequent order has been passed by the Rent Controller on 25.01.2019 for deputing armed forces for getting the premises vacated, therefore, some protection may be given in the light of the fact that the appellate authority has passed an order of stay of the execution proceedings vide order dated 10.01.2018. 7. This Court after perusing the order dated 25.01.2019 passed by the Rent Controller in the execution proceeding as also the order dated 10.01.2018 passed by the appellate authority finds substance in the arguments advanced on behalf of Mr. 7. This Court after perusing the order dated 25.01.2019 passed by the Rent Controller in the execution proceeding as also the order dated 10.01.2018 passed by the appellate authority finds substance in the arguments advanced on behalf of Mr. Rai, therefore, the Rent Controller is restrained from proceeding further till the next date of listing of the appeal which according to Mr. Rai is fixed on 06.03.2019. 8. Needless to say that if the appellate authority will have any inconvenience in disposing of the appeal on the said date, the application already on record for extension of interim order dated 10.01.2018, an appropriate order shall be passed. 9. In view thereof, the writ petition is accordingly disposed of. 10. Interlocutory application being I.A. No.1472 of 2019 also stands disposed of.