Dismissed

Nasim Ansari v. Baijun Murmu And Anr.

Jharkhand HC8 Jun 2017WPC/4617/2016

Case brief

AI extract

What is this about?

This judgment holds a writ petition under Article 226 seeking a writ of certiorari against an eviction order not maintainable because the petitioner has already filed a Revenue Miscellaneous Appeal before the Deputy Commissioner, the competent appellate authority.

What did the court decide?

The writ petition was dismissed with direction to the Deputy Commissioner to dispose of the pending Revenue Miscellaneous Appeal.

Nasim Ansari Vs Baijun Murmu And Anr. — Landlord and Tenant | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.4617 of 2016

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Nasim Ansari, son of Late Bullu Ansari, resident of Barhait Santhali, P.O. & P.S. Barhait, District-Sahibganj …… Petitioner

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…… Petitioner

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Versus

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Baijun Murmu, son of Late Balia Murmu

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Dhabe Murmu, son of Late Balia Murmu

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The State of Jharkhand through the Chief Secretary,

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Govt. of Jharkhand, Ranchi

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The S.D.O., Sahibganj

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The Circle Officer, Barhait, P.O. & P.S. Barhait, Distt.-Sahibganj......Respondents

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CORAM: HON’BLE MR. JUSTICE AMITAV K. GUPTA

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--------For the Petitioner : Mr. Ranjan Kumar Singh, Advocate For the Respondents : Mr. Din Dayal Saha, Advocate For the State : Mr. Atanu Banerjee, G.A.

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8 / Dated : 8th June, 2017

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This writ petition has been filed under Section 227 of the Constitution of India for issuance of writ of certiorari for quashing the order dated 03.05.2016 passed by the Sub-Divisional Officer, Sahibganj in Eviction Suit No.19 of 2014-15 whereby the Circle Officer, Barhait has been directed to evict the petitioner from Dag No.1639 measuring 14 Katha of Jamabandi No.86 under Section 20(5) and 42 of the Santhal Pargana Tenancy Act, 1949 and for quashing Memo No.345 dated 26.05.2016 issued by the Circle Officer, Barhait and for issuing a direction on the Deputy Commissioner, Sahibganj to decide the Revenue Miscellaneous Appeal filed by the petitioner at the earliest.

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Learned counsel on behalf of private respondents has submitted that the petitioner has already preferred an appeal before the Deputy Commissioner being Revenue Misc. Appeal No.1/2016-17 and he can agitate the grievance before the Deputy Commissioner hence the present writ is not maintainable.

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Learned Government Advocate Mr. Atanu Banerjee has submitted that under the provision of Section 59-A of Santhal Pargana Tenancy Act, 1949 the petitioner has the remedy for redressal of his grievances before the Commissioner.

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Heard. Admittedly the petitioner has filed Misc. Appeal before the Deputy Commissioner for redressal of his grievance. During the pendency of the appeal the Circle Officer has issued the aforesaid notice. Since the

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petitioner has filed the appeal before the competent authority, the instant writ petition is not maintainable. The appeal is pending before the Deputy Commissioner, Sahibganj accordingly the appellate authority shall ensure disposal of the appeal at the earliest, in seriatim as per age of the case. 5. With the said direction, this writ petition stands disposed off.

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(Amitav K. Gupta, J.)

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NKC

Nasim Ansari v. Baijun Murmu And Anr.

Case brief

What is this about?

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Nasim Ansari v. Baijun Murmu And Anr.

Case brief

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