TAPAN KUMAR PAL Vs. JHARKHAND STATE HOUSING BOARD

JUDGEMENT

(1.) The present interlocutory application has been filed on behalf of the petitioner for amendment in the prayer made in the writ petition particularly seeking challenge to order dtd. 21/1/2000 passed by the Competent Authority, Bihar State Housing Board, Patna in Eviction Case No. 3 of 1999.

(2.) Learned counsel for the petitioner submits that the respondent-Jharkhand State Housing Board in its counter affidavit dtd. 23/9/2022 has brought on record the order dtd. 21/1/2000 passed by the Competent Authority, Bihar State Housing Board, Patna in Eviction Case No. 3 of 1999. The perusal of the said order would itself suggest that the same is an ex-parte order. Though there was mention of Eviction Case No. 3 of 1999 in the list at Sl. No. 15 (Annexure-4 to the writ petition), however, no such order was in the knowledge of the petitioner. In fact, the petitioner came to know about the said order only after filing of the counter affidavit by the respondents. Under the said circumstance, the petitioner may be permitted to challenge the order dtd. 21/1/2000 passed by the Competent Authority, Bihar State Housing Board, Patna in Eviction Case No. 3 of 1999.

(3.) Having heard learned counsel for the parties and for the reasons stated in the present interlocutory application, the petitioner is permitted to challenge the order dtd. 21/1/2000 passed by the Competent Authority, Bihar State Housing Board, Patna in Eviction Case No. 3 of 1999. The grounds mentioned in the present interlocutory application for challenging the order dtd. 21/1/2000 passed by the Competent Authority, Bihar State Housing Board, Patna in Eviction Case No. 3 of 1999 is treated to be part of the present writ petition.