Disposed

Radha Devi v. the State of Jharkhand through Principal Secretary Land Reforms and Revenue Deptt

Jharkhand HC16 Jul 2024WPC/2355/2021

Case brief

AI extract

What is this about?

Writ petition sought quashing of an eviction notice issued by the Sub-Divisional Magistrate. The State pointed out the eviction order itself was not under challenge and the petitioner had an alternative remedy of appeal before the Deputy Commissioner. Counsel withdrew the petition; court permitted withdrawal with liberty to appeal.

What did the court decide?

Petition permitted to be withdrawn with liberty to file appeal before the Deputy Commissioner and seek interim order regarding eviction till disposal.

Radha Devi Vs the State of Jharkhand through Principal… — Landlord and Tenant | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 2355 of 2021

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Radha Devi … Petitioner

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-Versus-

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The State of Jharkhand through Principal Secretary, Land Reforms and Revenue Department, Ranchi

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The Deputy Commissioner, Seraikella, District- Seraikella- Kharsawan

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The Sub-Divisional Magistrate, Seraikella, District- SeraikellaKharsawan

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The Circle Officer, Gamharia, District- Seraikella- Kharsawan

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The Superintendent of Police, Seraikella, District- SeraikellaKharsawan

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The Officer in Charge, Adityapur, District- Seraikella- Kharsawan

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Smt. Shanti Devi

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Mr. Manoj Kumar Singh, the Circle Inspector, Gamharia, DistrictSeraikella- Kharsawan … Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Manoj Kumar Choubey, Advocate For the State : Mr. Shray Mishra, A.C. to A.G. For Respondent No.7 : Mrs. Nirupama, A.C. to Mr. Manish Kumar, Advocate

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13/16.07.2024 Heard Mr. Manoj Kumar Choubey, learned counsel for the petitioner, Mr. Shray Mishra, learned counsel for the State and Mrs. Nirupama, learned counsel appearing for respondent no.7.

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The prayer in the petition is made for quashing of the notice dated 13.03.2021, issued by respondent no.3.

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Mr. Choubey, learned counsel for the petitioner submits that in absence of providing any opportunity of hearing in Eviction Case No.04/2021, the Sub-Divisional Officer, Seraikella has passed the order. He submits that the petitioner is the tenant of the house in question and the order has been passed in haste. He submits that in view of that, the notice itself is bad in law.

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-1- W.P. (C) No. 2355 of 2021

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Mr. Mishra, learned counsel for the State submits that the order dated 23.04.2021 has been passed, whereby, the Sub-Divisional Officer, Seraikella has passed eviction order in favour of respondent no.7 and the said order is not under challenge in the present writ petition and, as such, the petitioner is having alternative remedy by way of filing an appeal before the Deputy Commissioner.

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In view of availability of alternative remedy, Mr. Choubey, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to file an appeal before the Deputy Commissioner.

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Accordingly, this petition is permitted to be withdrawn and disposed of with the aforesaid liberty.

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The petitioner may file an appeal before the Deputy Commissioner and pray for appropriate order with regard to eviction till disposal of the said appeal.

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(Sanjay Kumar Dwivedi, J.)

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Ajay/

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-2- W.P. (C) No. 2355 of 2021

Radha Devi v. the State of Jharkhand through Principal Secretary Land Reforms and Revenue Deptt

Case brief

What is this about?

What did the court decide?

Radha Devi v. the State of Jharkhand through Principal Secretary Land Reforms and Revenue Deptt

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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