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2022 DIGILAW 157 (JHR)

Sanjay Sharma @ Sanjay Bhardwaj S/o Shri Sitaram Sharma v. State of Jharkhand

2022-02-10

SANJAY KUMAR DWIVEDI

body2022
JUDGMENT : SANJAY KUMAR DWIVEDI, J. 1. Heard Mr. Prashant Pallav, learned counsel appearing for the petitioner and Mr. P.C. Sinha, learned AC to GA-III, appearing for the State. 2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard. 3. This petition has been filed for quashing of the order dated 21.02.2017, passed by the learned S.D.M. Deoghar, whereby the authorities have directed the petitioner to vacate the house in the backdrop of the fact that the authorities have taken the decision to demolish the building and the said order also contemplated initiation of proceeding under Section 133 Cr.P.C. 4. It has been submitted by learned counsel appearing for the petitioner that without any finding of the dilapidated condition of the building, the said notice has been issued. He submits that the petitioner has filed the show cause with regard to the notice and he presumes that nothing has been done, as no order has been received by the petitioner. He further submits that with regard to property in question, one Title Suit No. 02 of 2007 as well as Miscellaneous Appeal No. 1153 of 2012 arising out of a Probate Case is pending. He also submits that in the notice, the petitioner has been shown as a tenant, whereas the petitioner is the owner of the house in question. 5. In view of the above, this writ petition is being disposed of with a direction to the respondent No. 3 to pass an appropriate order in accordance with law after hearing the petitioner on all the objections and after initiating the proceeding. 6. This writ petition stands disposed of.