Dismissed

Amit Kumar Jha v. Jharkhand State Housing Board Through Its Managing Director And Ors.

Jharkhand HC17 Jun 2019WPC/258/2016

Case brief

AI extract

What is this about?

A citizen challenged an eviction order via a writ petition claiming land title dispute and highlighted an alternative remedy under the Jharkhand State Housing Board Act. The court dismissed the petition as withdrawn, permitting the petitioner to approach the appellate authority.

What did the court decide?

The writ petition was dismissed as withdrawn, with liberty to approach the appellate authority.

Amit Kumar Jha Vs Jharkhand State Housing Board Through… — Property and Title | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P. (C) No. 258 of 2016

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Amit Kumar Jha … … Petitioner

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-V e r s u s-

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1.Jharkhand State Housing Board through its Managing Director, Ranchi.

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2.Executive Engineer, Jharkhand State Housing Board, Jamshedpur Division, East Singhbhum.

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3.Competent Authority, Jharkhand State Housing Board, Ranchi.

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4.The State of Jharkhand

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5.Deputy Commissioner, East Singhbhum.

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6.Circle Officer, Karandih, East Singhbhum

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… Respondents.

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CORAM: - HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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… For the Petitioner : - Mr. Binod Kumar Jha, Advocate. For the Respondent-J.S.H.B. :- Mr. (Dr.) Ashok Kumar Singh, Advocate. and Mrs. Amrita Kumari, Advocate. For the Respondent-State :- Mrs. Richa Sanchita, G.A.V. and Mr. Amit Kumar Sinha, A.C. to G.A. V. …

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07/17.06.2019 Mr. (Dr.) Ashok Kumar Singh, learned counsel appearing for the Respondent-Jharkhand State Housing Board has submitted that he is filing the counter affidavit and the same may be kept on record.

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Mr. Binod Kumar Jha, learned counsel appearing for the petitioner has submitted that he has already received the copy of the counter affidavit.

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In view thereof, let the copy of the counter affidavit be kept on record.

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This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order dated 23.05.2015, passed in Eviction Case No. 31 of 2013, by which the petitioner has been directed to be evicted from the premises on the ground that the entire land has unauthorizedly been encroached upon and construction has been made over there.

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It is the case of the petitioner that the land does not belong to the Housing Board and it is a ‘Gairmajarua land’, therefore, the construction has been made and hence, the Jharkhand State Housing Board has got jurisdiction to initiate eviction proceeding upon the building constructed over the land in question.

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A counter affidavit has been filed by the Jharkhand State Housing Board, whereby and whereunder, it has been stated that the contention raised by the petitioner that the land is a ‘Gairmajarua

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land’ is absolutely incorrect in view of the fact that the land, which has been acquired, has been transferred in the name of the Jharkhand State Housing Board for making construction over the same to achieve the purpose of creation of the Jharkhand State Housing Board in the State and the petitioner alongwith others have encroached upon the said land and made construction there over and therefore, the eviction proceeding has been initiated and which has been dealt with by the authorities in exercise of the power conferred under Section 59 of the Jharkhand State Housing Board Act, 2000.

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It is the further contention of the learned counsel for the petitioner that against the order passed under the Bihar Jharkhand State Housing Board Act, 2000 read with the Regulation of the year 2004, if any order passed by the Housing Board under the Act or the Regulation, Appeal will lie under Section 60 of the Jharkhand State Housing Board Act, 2000, therefore, the writ petition is not maintainable on the ground of availability of alternative remedy.

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Further, it has been submitted that the petitioner is raising the issue/dispute regarding the title of the land, claiming therein, that the land is ‘Gairmajarua’ in nature, therefore, since the State Housing Board has got no jurisdiction, the same needs to be adjudicated by leading evidence and certainly the same could not be done under this proceeding, which is under Article 226 of the Constitution of India, upon which the learned counsel for the petitioner submits that he may be allowed to withdraw this writ petition with liberty to the petitioner to approach before the appellate authority.

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In view thereof and as prayed for by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, giving liberty to the petitioner to approach before the appellate authority, if he so wishes.

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(Sujit Narayan Prasad, J.)

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APK

Amit Kumar Jha v. Jharkhand State Housing Board Through Its Managing Director And Ors.

Case brief

What is this about?

What did the court decide?

Amit Kumar Jha v. Jharkhand State Housing Board Through Its Managing Director And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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