Nirmala Devi @ Nirmala Agarwal v. State of Jharkhand
2022-09-12
RAJESH SHANKAR
body2022
DigiLaw.ai
JUDGMENT : 1. The present writ petition has been filed for quashing the order dated 27th August, 2020 (Annexure-14 to the writ petition) passed by the Commissioner, North Chhotanagpur Division, Hazaribagh- respondent no.1 in JBCR No.24 of 2020 exercising its revisional jurisdiction, whereby the order dated 22nd October, 2019 (Annexure-11 to the writ petition) passed by the Deputy Commissioner, Ramgarh- respondent no.2 in Eviction Appeal no.34 of 2019 has been set aside and consequently the order dated 12th February, 2019 (Annexure-8 to the writ petition) passed by the House Rent Controller-cum-Sub Divisional officer, Ramgarh- respondent no.3 in Eviction Suit no.08 of 2017 has been affirmed. The petitioner has also prayed for quashing the order dated 12th February, 2019 passed by the respondent no.3 in Eviction Suit no.08 of 2017. 2. Learned counsel for the parties jointly submit that a co-ordinate Bench of this Court, vide order dated 21.03.2022 passed in a writ petition being W.P.(C) No.3880 of 2020 (Md. Alimuddin Vs. Ayub Khan) involving similar issue, has remanded the matter to the revisional authority i.e. the Commissioner, North Chhotanagpur Division, Hazaribagh to pass a fresh reasoned order in accordance with law showing his opinion with regard to the findings given by the House Rent Controller-cum-Sub-Divisional Officer, Ramgarh. It is also submitted that on remand by the learned coordinate Bench of this Court vide order dated 21.03.2022 passed in W.P.(C) No.3880 of 2020 as well as the order dated 13th June, 2022 passed by this Court in W.P.(C) No.3135 of 2020 and other analogous cases, all the revision petitions are presently pending adjudication before the Commissioner, North Chhotanagpur Division, Hazaribagh. 3. Heard learned counsel for the parties and perused the order dated 21.03.2022 passed by a co-ordinate Bench of this Court in W.P.(C) No. 3880 of 2020, the operative part of which reads as under: “After hearing learned counsel for the parties and on the basis of materials available on record and argument advanced by both the parties, it appears that the Deputy Commissioner, Ramgarh has no proper understanding with regard to the hindi word “ vLohd`r ” and “ dkyckf)r ”.
If the appeal is “ vLohd`r ” then appeal is dismissed then there is also no question of remand and if the appeal is time barred then there is no question of remand, as such, the Commissioner, North Chotanagpur Division, Hazaribagh who has passed an order without expressing his opinion, is directed to consider the materials available on record after giving an opportunity of hearing to both the parties and their lawyers and pass a reasoned order in accordance with law showing his opinion with regard to the findings given by the House Rent Controller-cum-Sub-Divisional Officer, Ramgarh with respect to landlord tenant relationship or on any point raised by the parties before him, but no opportunity shall be given to any of the parties to adduce evidence before him.” 4. After the said order dated 21st March, 2022 passed by a coordinate Bench of this Court, batch of similar writ petitions led by W.P.(C) No.3135 of 2020 were also disposed of in terms with the order dated 21st March, 2022 passed in W.P.(C) No.3880 of 2020 with a direction to the Commissioner, North Chhotanagpur Division, Hazaribagh to hear all the JBC revision petitions concerning the said writ petitions simultaneously with JBC Revision no.08 of 2020. 5. Since the present writ petition is also of similar nature though with different facts, the same is disposed of in terms with the aforesaid orders. Accordingly, the Commissioner, North Chhotanagpur Division, Hazaribagh is directed to hear JBCR No.24 of 2020, concerning the present writ petition, along with JBC Revision no.08 of 2020 and other similar cases. 6. I.A. No.2878 of 2021 & I.A.6507 of 2022 are also disposed of.