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2025 DAILYLAW 7204 (JHR)

MD. SHAKIL ALAM v. STATE OF JHARKHAND

WPC/1320/2025 · 2025-06-19

Gautam Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:16326 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 1320 of 2025 Md. Shakil Alam, S/o Md. Alam, R/o L.C. Road, P.O. & PS- Sahebganj, District- Sahebganj. .... .. ... Petitioner(s) Versus 1.State of Jharkhand. 2.Deputy Commissioner-cum- Appellate Authority, Sahebganj. 3.Sub-Divisional Officer- cum- Controller, Sahebganj. 4.Nagar Parishad, Sahebganj through its Administrator. 5.Executive Officer, Nagar Parishad, Sahebganj. 6.Md. Rashid Naim @ Raja, S/o Late Naim Akhtar 7.Kayanat Naim, D/o Late Naim Akhtar 6 & 7, both R/o L.C. Road, P.O. & PS- Sahebganj, District- Sahebganj. . .. ... ...Respondent(s) ........... CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Petitioner (s) : Mr. Sudhir Kumar Sharma, Advocate Mr. Ram Prakash Singh, Advocate Mr. Shashi Shekhar Dwivedi. Advocate Mr. Harshit Pradhan, Advocate For the Respondents-State : Mr. Mohan Kumar Dubey, Advocate For the Resp. No. 4 & 5 : Mr. Radha Krishan Gupta, Advocate Ms. Pinky Shaw, Advocate …... 05/ 19.06.2025. Heard, learned counsel for the parties. 1. The instant Writ Petition has been filed for issuance of a Writ in the nature of Certiorari for quashing the order dated 28.12.2024 as contained in Memo No.43/DB, Sahebganj dated 10.02.2005 passed by Deputy Commissioner, Sahebganj (Respondent No.2) in Title (Eviction) Appeal No.01/2024-25 (Annexure-5). 2. The order of eviction passed under Section 19 of the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011 [ in short it be referred as Act of 2011] has been affirmed. 3. From plain reading of the memo of the instant Writ Petition, it is apparent that the instant Writ Petition has been filed without exhausting the statutory remedy of revision under Section 37 of the said Act, 2011. 4. In this view of the matter, the instant Writ Petition is dismissed as not maintainable as the petitioner has alternative and efficacious forum to prefer revision as per the law. Writ Petition is dismissed reserving liberty with the petitioner to prefer revision against the impugned order as per the law. ( 2025:JHHC:16326 ) 2 Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) Sandeep/