Narayan Bhagat @ Narayan Prasad v. State of Jharkhand
2021-12-23
RAJESH SHANKAR
body2021
DigiLaw.ai
JUDGMENT : RAJESH SHANKAR, J. 1. The present writ petition has been filed for issuance of direction upon the respondent Nos. 2 and 3 to provide protection to the petitioner to carry out his business of running a tractor show-room from his business premises situated at Plot No. 2, J.B. No. 12, Mouza-Gosaipur, District-Pakur, measuring an area of 2 Bighas 6 Katthas which was handed over to him by one Madhusudan Rout (since deceased) on 24.04.2003 after receiving Rs. 1,00,000/- vide affidavit No. 6018 dated 24.04.2003, who subsequently in association with the antisocial elements, forcibly entered into the said business premises on 08.12.2020 (wrongly typed as 08.07.2020) and took away several tractor motor parts after breaking four locked rooms and thereafter they are not allowing the petitioner to open the said show-room in which five tractors are still lying and are extorting which is not only illegal, but also in utter violation of the order dated 02.08.2020 passed by the respondent No. 2 in Eviction Appeal No. 02/2020-21 staying the order of eviction dated 14.07.2020 passed by the respondent No. 4 in R.E.R. Case No. 35/2018-19 which was filed by one Madhumala Devi Wife of Late Madhusudan Rout. 2. Having heard learned counsel for the parties and keeping in view the nature of the prayer made in the present writ petition, instead of entertaining the present writ petition on merit, the petitioner is given liberty to pursue Eviction Appeal No. 02/2020-21 also bringing the aforesaid facts to the notice of the respondent No. 2 in whose Court the said appeal is pending. The respondent No. 2, in turn, is directed to look into the aforesaid aspect as well as to expedite the hearing of the said appeal and to dispose of the same, preferably within a period of two months from the date of receipt/production of a copy of this order. 3. The present writ petition is accordingly disposed of with the aforesaid liberty and direction.