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2025 DAILYLAW 2873 (JHR)

RAM ORAON v. THE STATE OF JHARKHAND THROUGH DEPUTY COMMISSIONER, GUMLA - CUM - APPELLATE AUTHORITY,

WPC/248/2025 · 2025-03-06

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.248 of 2025 ----- Ram Oraon, aged about 65 years, son of Late Mangra Oraon, resident of Village-Dunduria, P.O. & P.S.-Gumla, District- Gumla. .......... Petitioner. -Versus- 1. The State of Jharkhand through the Deputy Commissioner, Gumla-cum-Appellate Authority, P.O. & P.S.-Gumla, District- Gumla. 2. The Additional Collector, Gumla. 3. The Sub-Divisional Officer-cum-Rent Controller, Gumla. 4. The Circle Officer, Gumla. 5. Smt. Srimanti Devi, wife of Late Aganu Oraon, resident of Village-Gumla, P.O. & P.S.-Gumla, District-Gumla at present residing at village Lalgutuwa, Sarnatoli (Chalatoli), P.O. Lalgutuwa, P.S.-Nagri, District-Ranchi. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Sudhir Kumar Sharma, Advocate For the State : Mr. Manav Poddar, A.C. to A.A.G.-I ----- Order No.07 Date: 06.03.2025 1. The present writ petition has been filed for quashing the order dated 4th October, 2016 passed by the Sub-Divisional Officer, Gumla (the respondent no.3) in Eviction Suit No.153 of 2016, whereby the said respondent while exercising the power under Sections 19 and 25 of the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011 (in short “the Act, 2011”) directed the petitioner to vacate the house in question within 15 days and further directed the Circle Officer/Officer-in-Charge, Gumla to get the house in question vacated and to hand over the possession of the same to the respondent no.5 within 15 days of the said order. Further prayer has been made for quashing the order dated 22nd March, 2022 passed by the Deputy Commissioner, Gumla-cum-Appellate Authority (the respondent no.1) in Eviction Appeal No.35 of 2016-17, whereby the said respondent dismissed the appeal affirming the order dated 4th October, 2016 passed by the respondent no.3. The petitioner has also prayed for quashing letter no.1201 dated 5th December, 2024 issued by the Additional Collector, Gumla (the respondent no.2), whereby the Circle Officer, Gumla (the respondent no.4) has been directed to comply the order dated 22nd March, 2022 passed by the respondent no.1 in Eviction Appeal No.35 of 2016-17. Further prayer has been made for quashing the notice as contained in Memo No.918 dated 3rd January, 2025, whereby the respondent no.4 has directed the petitioner to produce an order of the competent authority staying the implementation of the order dated 4th October, 2016 till 9th January, 2025, failing which the District Administration would take steps for his eviction from the house in question. 2. Mr. Manav Poddar, learned A.C. to A.A.G.-I appearing on behalf of the respondent-State raises a preliminary objection with regard to the maintainability of the present writ petition on the ground that the petitioner has not preferred any revision under Section 37 of the Act, 2011 against the impugned orders dated 4th October, 2016 and 22nd March, 2022 passed by the respondent no.3 and the respondent no.1 respectively. 3. Having heard the learned counsel for the parties and considering that the petitioner has preferred the present writ petition without taking recourse of Section 37 of the Act, 2011 by preferring revision against the aforesaid impugned orders, I am not inclined to entertain the same at this stage. 4. The petitioner is, however, given liberty to prefer a revision against the aforesaid orders before the revisional authority. If such revision is filed within three weeks along with an application seeking condonation of delay as well as praying for interim relief, the same shall be considered by the revisional authority in accordance with law. 5. The writ petition is, accordingly, disposed of with aforesaid liberty and direction. (Rajesh Shankar, J.) Rohit/