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2023 DIGILAW 134 (JHR)

Tapan Kumar Pal v. Jharkhand State Housing Board, through its Chairman

2023-02-08

RAJESH SHANKAR

body2023
JUDGMENT : Rajesh Shankar, J. I.A. No. 888 of 2023 1. The present interlocutory application has been filed on behalf of the petitioner for amendment in the prayer made in the writ petition particularly seeking challenge to order dated 21.01.2000 passed by the Competent Authority, Bihar State Housing Board, Patna in Eviction Case No. 3 of 1999. 2. Learned counsel for the petitioner submits that the respondent-Jharkhand State Housing Board in its counter affidavit dated 23.09.2022 has brought on record the order dated 21.01.2000 passed by the Competent Authority, Bihar State Housing Board, Patna in Eviction Case No. 3 of 1999. The perusal of the said order would itself suggest that the same is an ex-parte order. Though there was mention of Eviction Case No. 3 of 1999 in the list at Sl. No. 15 (Annexure-4 to the writ petition), however, no such order was in the knowledge of the petitioner. In fact, the petitioner came to know about the said order only after filing of the counter affidavit by the respondents. Under the said circumstance, the petitioner may be permitted to challenge the order dated 21.01.2000 passed by the Competent Authority, Bihar State Housing Board, Patna in Eviction Case No. 3 of 1999. 3. Having heard learned counsel for the parties and for the reasons stated in the present interlocutory application, the petitioner is permitted to challenge the order dated 21.01.2000 passed by the Competent Authority, Bihar State Housing Board, Patna in Eviction Case No. 3 of 1999. The grounds mentioned in the present interlocutory application for challenging the order dated 21.01.2000 passed by the Competent Authority, Bihar State Housing Board, Patna in Eviction Case No. 3 of 1999 is treated to be part of the present writ petition. 4. Let necessary insertion in the relevant part of the writ petition be made by learned counsel for the petitioner in course of the day. 5. The present interlocutory application stands disposed of. W.P.(C) No. 2866 of 2022 6. Mr. Ravi Prakash Mishra, Advocate appearing on behalf of the respondents, submits that since Mr. Sachin Kumar, learned counsel for the respondents, is out of station today, I.A. No. 994 of 2023 may be considered on the next date. 7. Considering the said submission, put up this case under the same heading on 14.02.2023.