Disposed

Ranjit Dutta v. the State of Jharkhand through Deputy Commissioner, Deoghar

Jharkhand HC27 Aug 2024WPC/4516/2024

Case brief

AI extract

What is this about?

Tenant sought direction for early disposal of his unregistered rent appeal against an eviction order. The State undertook that the eviction order would not be effected due to Shravani Mela. The Court directed the Deputy Commissioner to register the appeal forthwith and disposed of the petition.

What did the court decide?

Direction to Deputy Commissioner, Deoghar to register the tenant's appeal forthwith; liberty to seek stay of the eviction order before him.

Ranjit Dutta Vs the State of Jharkhand through Deputy… — Landlord and Tenant | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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W.P.(C) No. 4516 of 2024

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Ranjit Dutta, aged about 51 years, son of Jamnikant Dutta, resident of Abdul Aziz Road, Patharchapti, P.O. and P.s. Madhupur, District-Deoghar, Jharkhand

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….. Petitioner

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-- Versus --

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The State of Jharkhand through Deputy Commissioner, Deoghar officiating from his office at Office of Deputy Commissioner, Deoghar, P,O, & P.S. Deoghar Town, District- Deoghar,

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Sub Divisional Officer-cum-rent controller, Madhupur, having its office at Sub Divisional Officer, Madhupur, P., & P.S.- Madhupur, District- Deoghar.

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Gularshy Devi, Wife of Lajpat Rai Gutgutia,

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Dilip Kumar, Son of Late Chandulal Gutgutia,

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Pradeep Kr Gutgutia, Son of Late Chandulal Gutgutia,

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Ramjilal Gutgutia, Son of Late Chandulal Gutgutla,

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Manaw Gutgutia, Son of Late Manoj Kr Gutgutia,

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All residents of Thana Road, Madhupur, P.O. and P.S. Madhupur,

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District-Deoghar

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……….Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Ankit Kumar, Advocate For the State : Mrs. Mohini Chatterjee, A.C. to G.A-V

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02 /27.08.2024 :-Heard learned counsel for the petitioner and learned

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counsel for the respondent-State.

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2 The prayer in this petition has been made for direction upon the respondents for early disposal of B.A. Appeal filed on 05.08.2024 before the Deputy Commissioner, Deoghar pursuant to J.B.C.A Case No.01 of 2022 whereby the order has been passed on 16.07.2024.

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The learned counsel for the petitioner submits that in the said J.B.C.A Case No.01 of 2022 the petitioner was directed to be evicted in light of Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011. He submits that against the said order, the petitioner has preferred appeal before the Deputy Commissioner and in light of the provision made in the said Act on 16.07.2024, however, till date, the appeal number has not been provided and only Acknowledgement Number RCMSON24082529 has been provided. He submits that now the Sub Divisional Officer has passed the impugned order as contained in Annexure-3 by which the direction has been issued to forcefully evict the

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petitioner within 15 days. He submits that the order is passed in a mechanical manner however that order is already under the appeal. He submits that order dated 16.07.2024 had already elapsed on 01.08.2024.

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Learned counsel for the respondent State submits that once the appeal is preferred it is required to be registered. He submits that there is no reason why the said appeal is not registered. He further submits that he has taken instruction over phone from the district administration of Deoghar and has been instructed that due to Shravani Mela the order dated 16.7.2024 is not going to be effected.

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In view of above and considering the submission of the learned counsel for the respondent State that the order dated 16.7.2024 is not going to be effected, this petition is being disposed of directing the Deputy Commissioner, Deoghar to register the appeal forthwith, if it is not registered as yet.

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The petitioner is put at liberty to pursue the same before the Deputy Commissioner Deoghar and also make out a case of stay before the Deputy Commissioner Deoghar so far as implementation of the order dated 16.7.2024 is concerned.

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In view of above undertaking before this Court on the instruction of district administration by Mrs. Mohini Chatterjee, A.C. to G.AV appearing on behalf of the respondent State so far implementation of order dated 16.7.2024 is concerned, that has become infructuous.

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With above observation and direction this petition is disposed of. Pending petition if any also stands disposed of accordingly.

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( Sanjay Kumar Dwivedi, J.)

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Satyarthi/

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Ranjit Dutta v. the State of Jharkhand through Deputy Commissioner, Deoghar

Case brief

What is this about?

What did the court decide?

Ranjit Dutta v. the State of Jharkhand through Deputy Commissioner, Deoghar

Case brief

What is this about?

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