Rita Devi Gutgutia Vs the State of Jharkhand

For the Petitioners : Mr. Ajit Kumar, Sr. Advocate Mr. Ranjan Kumar, Advocate For the State : Mr. Shahabuddin, S.C.-VII Mr. Zeeshan Ahmad Khan, A.C. to S.C.-VII

¶12

03/10.07.2024

¶13

Heard Mr. Ajit Kumar, learned senior counsel appearing for the

¶14

petitioners and Mr. Shahabuddin, learned counsel for the respondent-State.

¶15

The prayer in the petition is made for direction upon respondent no.2Deputy Commissioner, Jamtara to conduct and conclude the House Rent Control Appeal No.04/2023-24, which has been preferred by the petitioners against the order dated 05.12.2023 passed in Title (Eviction) Suit No.07/2021, which has been decided in favour of respondent no.5.

¶16

Mr. Ajit Kumar, learned senior counsel appearing for the petitioners submits that the petitioners earlier moved before this Court by way of filing W.P.(C) No.3063 of 2024, which was dismissed as withdrawn vide order dated 27.06.2024 with liberty to the petitioners to file proper writ petition ventilating their grievances. He submits that the land is situated at Mouza Jamtara, Khata No.445/K, Ward No.08, Plot Nos.3013, 3014, Holding No.145, Area 25 decimals of land, out of which, the petitioners occupy 10.5 decimals of land on rent for the purpose of running business in the name of

¶17

-1- W.P. (C) No. 3912 of 2024

¶18

Sudarshan Trading Company. He submits that the petitioners are occupying the said piece of land since 59 years and now respondent no.5 wants to evict the petitioners from the said land due to influence of some other persons. He submits that the petitioner no.1 is the wife and petitioner no.2 is the elder son of late Binod Kumar Gutgutia. He further submits that for the dispute, Title Eviction Suit No.07 of 2021 was filed by respondent no.5, which was decided vide judgment dated 05.12.2023 and, thereafter, the petitioners have moved before the Deputy Commissioner, Jamtara, who is the appellate authority and filed House Rent Control Appeal being Appeal No.04 of 2023-24 on 09.01.2024. He submits that the appeal was taken up on 09.01.2024 and the matter was fixed on 12.01.2024 and on that day, without even arguments being advanced from the side of the appellants, who are petitioners herein, the counsel for opposite party, who is respondent no.5 herein, was directed to file written notes of arguments and the next date was fixed on 19.01.2024 and on that day, the said appeal was admitted. He submits that the petitioners have already filed a application on 28.06.2024 for stay of the order and it was also pressed, however, the Deputy Commissioner has not passed any order on the said application and in the meantime, the Sub-Divisional Officer, Jamtara has issued order dated 11.06.2024, whereby, he deployed Executive Magistrate along with police force to forcefully evict the petitioners. He submits that even the appeal is pending and the said application for stay is also pending and in spite of that, such action is being taken which is against the mandate of law.

¶19

-2- W.P. (C) No. 3912 of 2024

¶20

Mr. Shahabuddin, learned counsel for the State submits that the appeal is still pending, however, the Deputy Commissioner, Jamtara can decide the said stay application, in accordance with law considering all the issues.

¶21

In view of the above facts, particularly considering that House Rent Control Appeal being Appeal No.04 of 2023-24 and stay application dated 28.06.2024, which has been filed for stay of the judgment dated 05.12.2023 passed in Title Eviction Suit No.07 of 2021, are still pending and no decision has yet been taken by the appellate authority and in the meantime, the order has been passed deploying Executive Magistrate along with police force to evict the petitioners, it is desirable that the stay application pending before the Deputy Commissioner, Jamtara is required to be decided and, as such, this petition is disposed of directing the Deputy Commissioner, Jamtara to decide the stay application dated 28.06.2024, which has been filed for stay of the judgment dated 05.12.2023 passed in Title Eviction Suit No.07 of 2021, in accordance with law and after providing opportunity of being heard to both the sides.

¶22

Till the decision is taken on the stay application by the Deputy Commissioner, Jamtara, status quo shall be maintained by the parties.

¶23

Accordingly, this petition is disposed of.

¶24

(Sanjay Kumar Dwivedi, J.)

¶25

Ajay/

¶26

-3- W.P. (C) No. 3912 of 2024

Rita Devi Gutgutia v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rita Devi Gutgutia v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Aksh Saw Alias Akash Kumar Saw Vs the State of Jharkhand

Shiv Kumar Yadav Vs the State of Jharkhand

Victoria Dodrai Vs the State of Jharkhand through Principal Secretary Dept of Home

Lal Dhanraj Nath Shahdeo Vs the State of Jharkhand

Sushil Hansda Vs the Deputy Commissioner

Durga Prasad Mathuri Vs the General Manager and Project Director National Highway Authority of India