The High Court of Jharkhand disposed of a writ petition seeking directions to expedite the disposal of a pending revision petition. The Court held that no further direction was necessary as the respondent authority was already bound by prior orders to dispose of the matter forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 186 of 2020
Parvati Devi
... … Petitioner
Versus
… … Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
----- For the Petitioner : Mr. Kaushik Sarkhel, Advocate For the Respondent-State : Mr. Sanjeev Thakur, SC (L&C)-I -----
Order No. 03 Dated: 03.06.2020
The present writ petition has been taken up today through Audio/Video conferencing.
The present writ petition has been filed for issuance of direction upon the respondent no. 2 – the Commissioner, South Chotanagpur Division, Ranchi to forthwith dispose of J.B.C. Revision No. 69/2017 filed by the respondent nos. 5 and 6 under Section 37 of the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011, which is pending since 2017. Further prayer has been made for issuance of direction upon the respondent no. 4 – the House Controller-cum-Sub Divisional Officer, Sadar, Ranchi to forthwith dispose of M.P. Case No. 17/2017, which has been filed by the petitioner for executing the order dated 29.09.2017 passed by the respondent no. 3 – the Deputy Commissioner, Ranchi in J.B.C. Appeal No. 25R 15/2016-17 and to direct the respondent nos. 5 and 6 to vacate the premises in question in favour of the petitioner.
2. Heard the learned counsel for the petitioner and learned SC (L&C)-I appearing on behalf of the State of Jharkhand. It appears that earlier the respondent nos. 5 and 6 preferred a writ petition before this Court being W.P.(C) No. 1910 of 2018 praying inter alia for quashing the proceeding related to M.P. Case No. 17/2017 intimated to them vide notice dated 16.10.2017 issued by the respondent no. 4 arising out of order dated 29.09.2017 passed by the respondent no. 3
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in J.B.C. Appeal No. 25R 15/2016-17 as the order passed in the said appeal was challenged by the respondent nos. 5 and 6 before the respondent no. 2 in J.B.C. Revision No. 69/2017. The respondent nos. 5 and 6 also prayed inter alia for restraining the respondent no. 4 from proceeding further in M.P. Case No. 17/2017, whereby they were directed to vacate the premises in question and handover the possession of the same to the present petitioner, till disposal of J.B.C. Revision No. 69/2017 preferred by them before the respondent no. 2 – the revisional authority. The said writ petition was disposed of by this Court vide order dated 24.04.2018 with following observation:
“Heard learned counsel for the parties and perused the relevant documents available on record. Admittedly, the revision petition preferred by the petitioners is pending before the Court of the respondent No.2. On perusal of the order sheet of J.B.C Revision No. 69/2017, it appears that the said case was taken up on 04.12.2017 and 02.04.2018 by the respondent No.2. The L.C.R has been called for by the respondent No.2 vide order dated 02.04.2018 and the next date has been fixed as 16.07.2018. Under the aforesaid circumstance, learned counsel for the petitioners as well as the respondent No.5 jointly submit that they will fully co-operate the respondent No.2 in disposal of the said revision petition itself on the next date fixed i.e. 16.07.2018.
In view of the said submission of learned counsel for the petitioner as well as the respondent No.5, the respondent No.2 is directed to make due endeavour to dispose of J.B.C Revision No. 69/2017 on the next date fixed i.e. 16.07.2018.
Till the disposal of J.B.C Revision No. 69/2017, the respondent No.4 shall not take any coercive steps for eviction of the petitioners from the premises in question.
The present writ petition is accordingly disposed of with the aforesaid observation and direction.”
3. The petitioner who was the respondent no. 5 in the said writ petition thereafter preferred C.M.P. No. 285 of 2019 seeking recall/modification of part of the order dated 24.04.2018 passed in the said writ petition, whereby the respondent no. 4 was restrained from taking coercive step against the respondent nos. 5 and 6 for eviction from the premises in question. Vide order dated 14.06.2019, the said C.M.P. was dismissed with a direction to the respondent no. 2 to dispose
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of J.B.C. Revision No. 69 of 2017 after providing due opportunity of hearing to both the sides as expeditiously as possible preferably within eight weeks from the date of receipt/production of a copy of the order.
4. Now, in the present writ petition, the petitioner prays for disposal of J.B.C. No. 69/2017 on the ground that the respondent no. 2 has not been taking positive steps for disposal of the said revision. 5. Mr. Sanjeev Thakur, the learned SC (L&C)-I appearing on behalf of the State of Jharkhand, submits that since the respondent no. 2 has already been directed in terms with order passed in W.P.(C) No. 1910 of 2018 and C.M.P. No. 285 of 2019, the said revisional authority is duty bound to dispose of the pending revision forthwith.
6. Admittedly, this Court has already ordered the respondent no. 2 to dispose of the revision in terms with the direction contained in W.P.(C) No. 1910 of 2018 and C.M.P. No. 285 of 2019. Hence, no further direction is required to be issued in this regard. Moreover, the learned SC (L&C)-I appearing on behalf of the State of Jharkhand has assured this Court that the respondent no. 2 shall dispose of J.B.C. No. 69/2017 forthwith.
7. In view of the aforesaid facts and circumstance, the writ petition is accordingly disposed of.
(Rajesh Shankar, J.)
Manish
1 issue framed by the court
Whether further directions are required to expedite the disposal of a pending J.B.C. Revision petition when the revising authority is already directed to dispose it forthwith under prior writ orders.
Parvati Devi
State of Jharkhand
Commissioner, South Chotanagpur Division, Ranchi
Deputy Commissioner, Ranchi
House Controller-cum-Sub Divisional Officer, Sadar, Ranchi
Swaroop Kumar Sethi
Rajesh Shankar
As recorded by the court registry
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