MD. BASHIR Vs. AYUB KHAN

JUDGEMENT

(1.) The present batch of writ petitions has been filed for quashing orders all dtd. 10/9/2020 passed by the Commissioner, North Chotanagpur Division, Hazaribagh in J.B.C.R. No. 14/2020, J.B.C.R. No. 10/2020, J.B.C.R. No. 22/2020, J.B.C.R. No. 12/2020, J.B.C.R. No. 16/2020, J.B.C.R. No. 11/2020, J.B.C.R. No. 17/2020, J.B.C.R. No. 25/2020, J.B.C.R. No. 21/2020, J.B.C.R. No. 13/2020, J.B.C.R. No. 19/2020 and J.B.C.R. No. 23/2020 whereby the orders all dtd. 14/10/2019 passed by the Deputy Commissioner, Ramgarh in Eviction Appeal No. 28 of 2019, Eviction Appeal No. 27 of 2019, Eviction Appeal No. 26 of 2019, Eviction Appeal No. 25 of 2019, Eviction Appeal No. 21 of 2019, Eviction Appeal No. 19 of 2019, Eviction Appeal No. 24 of 2019, Eviction Appeal No. 20 of 2019, Eviction Appeal No. 17 of 2019, Eviction Appeal No. 22 of 2019, Eviction Appeal No. 16 of 2019 and Eviction Appeal No. 18 of 2019 have been set aside affirming the orders dtd. 11/2/2019 passed by the House Rent Controller-cum-Sub-Divisional Officer, Ramgarh in J.B.C. (Eviction Suit) No. 19 of 2018, J.B.C. (Eviction Suit) No. 12 of 2018 and J.B.C. (Eviction Suit) No. 20 of 2018 as well as orders dtd. 9/2/2019, 19/1/2019, 18/1/2019, 19/1/2019, 9/2/2019, 19/1/2019, 18/1/2019, 19/1/2019 and 19/1/2019 passed by the said authority in J.B.C. (Eviction Suit) No. 15 of 2018, J.B.C. (Eviction Suit) No. 03 of 2018, J.B.C. (Eviction Suit) No. 04 of 2018, J.B.C. (Eviction Suit) No. 07 of 2018, J.B.C. (Eviction Suit) No. 41 of 2018, J.B.C. (Eviction Suit) No. 14 of 2018, J.B.C. (Eviction Suit) No. 16 of 2018, J.B.C. (Eviction Suit) No. 10 of 2018 and J.B.C. (Eviction Suit) No. 17 of 2018 respectively. The petitioners have also prayed for quashing the aforesaid orders passed by the House Rent Controller-cum-Sub- Divisional Officer, Ramgarh.

(2.) Learned counsel for the parties jointly submit that a co-ordinate Bench of this Court, vide order dtd. 21/3/2022 passed in a writ petition being W.P.(C) No. 3880 of 2020 (Md. Alimuddin Vs. Ayub Khan) involving similar issue, has remanded the matter to the revisional authority i.e. the Commissioner, North Chotanagpur Division, Hazaribagh to pass a fresh reasoned order in accordance with law showing his opinion with regard to the findings given by the House Rent Controller-cum-Sub-Divisional Officer, Ramgarh. It is also submitted that on remand by the learned co- ordinate Bench of this Court vide order dtd. 21/3/2022 passed in W.P.(C) No. 3880 of 2020, J.B.C. Revision No. 08 of 2020 is still pending adjudication before the Commissioner, North Chotanagpur Division, Hazaribagh

(3.) Heard learned counsel for the parties and perused the order dtd. 21/3/2022 passed by a co-ordinate Bench of this Court in W.P.(C) No. 3880 of 2020, the operative part of which reads as under: