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2022 DIGILAW 642 (JHR)

Md. Bashir v. Ayub Khan

2022-06-13

RAJESH SHANKAR

body2022
JUDGMENT : The present batch of writ petitions has been filed for quashing orders all dated 10.09.2020 passed by the Commissioner, North Chotanagpur Division, Hazaribagh in J.B.C.R. No. 14/2020, J.B.C.R. No. 10/2020, J.B.C.R. No. 22/2020, J.B.C.R. No. 12/2020, J.B.C.R. No. 16/2020, J.B.C.R. No. 11/2020, J.B.C.R. No. 17/2020, J.B.C.R. No. 25/2020, J.B.C.R. No. 21/2020, J.B.C.R. No. 13/2020, J.B.C.R. No. 19/2020 and J.B.C.R. No. 23/2020 whereby the orders all dated 14.10.2019 passed by the Deputy Commissioner, Ramgarh in Eviction Appeal No. 28 of 2019, Eviction Appeal No. 27 of 2019, Eviction Appeal No. 26 of 2019, Eviction Appeal No. 25 of 2019, Eviction Appeal No. 21 of 2019, Eviction Appeal No. 19 of 2019, Eviction Appeal No. 24 of 2019, Eviction Appeal No. 20 of 2019, Eviction Appeal No. 17 of 2019, Eviction Appeal No. 22 of 2019, Eviction Appeal No. 16 of 2019 and Eviction Appeal No. 18 of 2019 have been set aside affirming the orders dated 11.02.2019 passed by the House Rent Controller-cum-Sub-Divisional Officer, Ramgarh in J.B.C. (Eviction Suit) No. 19 of 2018, J.B.C. (Eviction Suit) No. 12 of 2018 and J.B.C. (Eviction Suit) No. 20 of 2018 as well as orders dated 09.02.2019, 19.01.2019, 18.01.2019, 19.01.2019, 09.02.2019, 19.01.2019, 18.01.2019, 19.01.2019 and 19.01.2019 passed by the said authority in J.B.C. (Eviction Suit) No. 15 of 2018, J.B.C. (Eviction Suit) No. 03 of 2018, J.B.C. (Eviction Suit) No. 04 of 2018, J.B.C. (Eviction Suit) No. 07 of 2018, J.B.C. (Eviction Suit) No. 41 of 2018, J.B.C. (Eviction Suit) No. 14 of 2018, J.B.C. (Eviction Suit) No. 16 of 2018, J.B.C. (Eviction Suit) No. 10 of 2018 and J.B.C. (Eviction Suit) No. 17 of 2018 respectively. The petitioners have also prayed for quashing the aforesaid orders passed by the House Rent Controller-cum-Sub-Divisional Officer, Ramgarh. 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 Chotanagpur 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. Alimuddin Vs. Ayub Khan) involving similar issue, has remanded the matter to the revisional authority i.e. the Commissioner, North Chotanagpur 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 co-ordinate Bench of this Court vide order dated 21.03.2022 passed in W.P.(C) No. 3880 of 2020, J.B.C. Revision No. 08 of 2020 is still pending adjudication before the Commissioner, North Chotanagpur 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. Considering the aforesaid direction given in the writ petition i.e. W.P.(C) No. 3880 of 2020 involving similar issue and keeping in view that parity should be maintained while passing orders in similar cases, the present batch of writ petitions are also disposed of in terms with the aforesaid order. The Commissioner, North Chotanagpur Division, Hazaribagh is directed to hear all the J.B.C. revision petitions concerning the present writ petitions simultaneously with J.B.C. Revision No. 08 of 2020.