Disposed¶23

Prahlad Rai Bhojgadiya v. the State of Jharkhand

Jharkhand HC22 Jul 2024WPC/1400/2023

Case brief

AI extract

What is this about?

Executive Magistrate Koderma eviction notice dated 26.11.2022; appearance directed for 30.11.2022; show cause filed and pending; writ petition disposed of with liberty to pursue show-cause; challenge to mere notice treated as premature; petitioners Prahlad Rai Bhojgadiya and Mukesh Kumar Bhojgadiya vs State of Jharkhand, Deputy Commissioner/Sub-Divisional Magistrate/Circle Officer Koderma and Administrator, Jhumari Telaiya Municipal Corporation; W.P.(C) No. 1400 of 2023; Justice Sanjay Kumar Dwivedi; decided 22/07/2024.

What did the court decide?

Liberty to the petitioners to pursue the pending show-cause before the learned Executive Magistrate; pending I.A., if any, stands disposed of. ¶23

Prahlad Rai Bhojgadiya Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1400 of 2023

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Prahlad Rai Bhojgadiya, aged about 86 years, son of late Ramniranjan Bhojgadiya

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Mukesh Kumar Bhojgadiya, aged about 44 years, son of Prahlad Rai Bhojgadiya Both resident of Hatia Road, Taratand, Nandi Baba Chowk, P.O. and P.S. Telaiya, District-Koderma …… Petitioners

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Versus

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1.The State of Jharkhand

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The Deputy Commissioner, Koderma, P.O., P.S. and District-Koderma

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The Sub-Divisional Magistrate, Koderma P.O., P.S. and District-Koderma

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The Circle Officer, Koderma Anchal, Koderma

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P.O. and P.S. Telaiya, District-Koderma

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The Administrator, Jhumari Telaiya Municipal Corporation, Koderma, P.O. and P.S. Telaiya, District-Koderma

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…… Respondents

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---------

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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--------- For the Petitioners : Mr. Anshuman Kumar, Advocate Ms. Micky Kumari, Advocate Mr. Ashok Kr. Sinha, Advocate For the State : Ms. M. Gupta, A.C. to S.C. Mines-1 For the Resp. No.5 : Mr. Rahul Sinha, Advocate Mr. Sparsh Kr. Rai, Advocate

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06/Dated: 22/07/2024

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Heard Mr. Anshuman Kumar, learned counsel for the petitioners, Ms. M. Gupta, learned counsel for the State and Mr. Rahul Sinha, learned counsel for the respondent no. 5.

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Prayer in this writ petition is made for quashing the notice dated 26.11.2022 whereby the Executive Magistrate, Koderma directed the petitioners to appear on 30.11.2022 and place defence if any with regard to eviction of the shop in question which is in possession of the petitioners.

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Learned counsel for the petitioners submits that the petitioners have already appeared and filed show cause and the matter is still pending there.

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Learned counsel for the State and the Municipal Corporation submits that the matter is still pending there and in view of that this writ

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petition is premature.

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In view of above facts and considering that the petitioners have already filed the show-cause and it is well known that once show-cause is there after considering the same any positive order can be passed and final order has not been passed as yet and only notice is under challenge, accordingly, this writ petition is disposed of with liberty to the petitioners to pursue the said show-cause before the learned Executive Magistrate where the matter is pending.

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This writ petition is accordingly disposed with the aforesaid observation. Pending I.A, if any, stands disposed of.

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Satyarthi

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Prahlad Rai Bhojgadiya v. the State of Jharkhand

Case brief

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Prahlad Rai Bhojgadiya v. the State of Jharkhand

Case brief

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