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2021 DIGILAW 663 (JHR)

Dhananjay Singh v. State of Jharkhand

2021-08-24

RAJESH SHANKAR

body2021
JUDGMENT : RAJESH SHANKAR, J. 1. The present writ petition is taken up today through Video conferencing. 2. The present writ petition has been filed for quashing the order as contained in memo no. 1213 dated 27th October, 2020 (Annexure-7 to the writ petition) passed by the Sub-Divisional Officer-cum-Rent Controller, Chas, Bokaro, the respondent no. 2 in Misc. Application No. 100 of 2020, whereby the petitioner has been directed to vacate the premises in question and to hand over the key of the same to the landlord i.e. the respondent no. 4. Further prayer has been made for quashing the order as contained in memo no. 499 dated 18th March, 2021 (Annexure-14 to the writ petition) issued by the respondent no. 2 by which the Executive Magistrate, Bokaro has been directed to get the premises in question vacated. 3. Heard learned counsel for the petitioner and the respondent nos. 1 to 3. 4. Admittedly, the J.B.C.A. Appeal No. 107 of 2020-21 preferred by the petitioner before the appellate authority i.e. Deputy Commissioner, Bokaro against the order dated 27th October, 2020 passed by the respondent no. 2 is pending. The submission of the learned counsel for the petitioner is that the petitioner has been compelled to prefer the present writ petition as the Deputy Commissioner, Bokaro is not regularly holding the court and in the meantime the order as contained in memo no. 499 dated 18th March, 2021 has been issued by the respondent no. 2 directing the Executive Magistrate, Bokaro to get the premises in question vacated from the possession of the petitioner. It, however, does not appear from the order-sheet of J.B.C.A. Appeal No. 107 of 2020-21 (Annexure-11 to the writ petition) that the petitioner has pressed any application for interim relief before the appellate court. 5. Since, the aforesaid appeal is pending adjudication before the Deputy Commissioner, Bokaro, this Court is not inclined to interfere with the order dated 27th October, 2020 passed by the respondent no. 2 as the same is not maintainable at this stage. 6. The petitioner is, however, at liberty to file an application seeking interim relief in his pending appeal and if the same is filed, the Deputy Commissioner, Bokaro, shall pass an appropriate order in accordance with law within a reasonable period. 7. The writ petition is, accordingly, dismissed as not maintainable with aforesaid liberty and observation.