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2021 DIGILAW 848 (JHR)

Md. Ashraf Azad v. State of Jharkhand

2021-10-05

RAJESH SHANKAR

body2021
JUDGMENT : RAJESH SHANKAR, J. 1. The present writ petition has been filed for quashing the order dated 07.07.2021 (Annexure-3 to the writ petition) passed by the respondent No. 2 in J.B.C. Appeal No. 55R15 of 2019-20 whereby the appeal preferred by the respondent No. 4 (the landlord of the premises in question) has been allowed and the order dated 10.01.2020 passed by the respondent No. 3 in J.B.C. Case No. 47/2019 has been set aside. 2. Learned counsel for the petitioner submits that the main reason for filing the present writ petition is that the impugned order dated 07.07.2021 passed by the respondent No. 2 is an ex-parte order. 3. On this, Mr. A.K. Yadav, learned G.A-I appearing on behalf of the State-respondents, submits that in fact, the order dated 10.01.2020 passed by the respondent No. 3 was also an ex-parte order as the petitioner had refused to accept the notice issued by the said Court. 4. Be that as it may. In my opinion, the petitioner has got alternative/efficacious/statutory remedy of preferring revision under Section 37 of the Jharkhand Building (Lese, Rent and Eviction) Control Act, 2011 before the Commissioner, South Chotanagpur Division, Ranchi against the impugned order dated 07.07.2021 passed by the respondent No. 2. Hence, the present writ petition is not maintainable at this stage. The petitioner is however at liberty to prefer revision against the order dated 07.07.2021 passed by the respondent No. 2 as provided under law.