IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.840 of 2025 ----- Rajan Kumar Barnwal @ Ranjan Kumar Barnwal, S/o Late Prem Lal, resident of H. No.199/3, Bompass Town, In front of No.1 Bijli Kothi, Dulampur, P.S. Deoghar Town, District Deoghar. .......... Petitioner. -Versus- 1. The State of Jharkhand 2. The Secretary, Revenue, Registration and Land Reforms Department, Government of Jharkhand, Ranchi. 3. The Commissioner, Santhal Pargana Division, Dumkia. 4. The Deputy Commissioner, Deoghar. 5. The Rent Controller-cum-Sub Divisional Officer, Deoghar. 6. Jayant Kumar Pandey, S/o Late Hari Prasad Pandey. 7. Shiv Nandan Pandey, S/o of Bihari Lal Pandey. Both Nos.6 & 7 residents of Khushi Dutta Dewary Lane, Pandey Well (Kuan), Baidyanath Gali, P.O. & P.S. Deoghar, District Deoghar. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Ashish Kr. Thakur, Advocate For the State : Mr. Amitesh Kumar, AC to AAG-IA For Res. Nos.6 & 7 : Mr. Sameer Ranjan, Advocate ----- Order No.02 Date: 18.02.2025 1. The present writ petition has been filed for quashing and setting aside the order as contained in memo no.73 dated 5th February, 2025 (Annexure-5 to the writ petition) issued by the Sub Divisional Officer-cum-Sub Divisional Magistrate, Deoghar, whereby the petitioner has been directed to be evicted from the shop in question on 17th February, 2025, as he could not produce any stay order before the concerned respondent on the given date i.e. on 4th February, 2025. Further prayer has been made for quashing and setting aside the notice as contained in letter no.45 dated 28th January, 2025 (Annexure-3 to the writ petition), whereby the petitioner has been directed to appear on 4th February, 2025 and submit his reply as to why he should not be evicted from the shop in question. The petitioner has also prayed for staying the operation, execution and implementation of the order dated 5th February, 2025 during pendency of the writ petition. 2. Learned counsel for the petitioner submits that the petitioner who is the tenant of the respondent nos.6 and 7, being aggrieved with the order dated 16th December, 2023 passed by the respondent no.5 in Jharkhand Building Act Case No.16 of 2015 as well as the order dated 6th December, 2024 passed by the respondent no.4 in H.R.C.A. Case No.23 of 2023-24, filed a revision along with stay petition in the court of Commissioner, Santhal Pargana Division, Dumka on 4th February, 2025. Despite that, on the next day, the impugned order as contained in memo no.73 dated 5th February, 2025 was issued by the respondent no.5, requesting the Superintendent of Police, Deoghar to depute a police officer along with police force to evict the petitioner from the shop in question. The said revision preferred by the petitioner has not yet been registered, as a result of which he has not been able to press his stay application filed along with the revision petition, seeking interim order and in the meantime the petitioner has been evicted from the said shop on 17th February, 2025. 3. It is further submitted that under the changed circumstance particularly that the petitioner has already been evicted from the shop in question, the respondent no.3 may be directed to at least register the said revision preferred by the petitioner and to dispose -2- W.P.(C) No.840 of 2025 of the same in accordance with law expeditiously. Since the petitioner has been evicted from the shop after filing of the revision, the same may be ordered to be subject to final outcome of the said revision pending in the court of respondent no.3. 4. Having heard learned counsel for the parties and considering that during pendency of the revision preferred by the petitioner in the court of respondent no.3, he has been evicted from the shop in question, the respondent no.3 is directed to get the said revision registered and to dispose of the same in accordance with law after providing proper opportunity of hearing to the petitioner as well as the respondent nos.6 and 7 as expeditiously as possible preferably within two months from the date of receipt/production of a copy of this order. The eviction of the petitioner from the shop in question shall be subject to final outcome of the said revision. 5. The writ petition is disposed of with the aforesaid observations and directions. (Rajesh Shankar, J.) Sanjay/ -3- W.P.(C) No.840 of 2025