ABANI MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and State.

(2.) Petitioners have approached this Court on an apprehension of eviction in connection with S.A.R Case no. 23/2011-12 instituted by the private respondents before the Court of Sub Divisional Officer, Chandil in relation to certain lands bearing Plot no. 24, Area 1.35 Acres; Plot no. 27 Area 0.90 Acres; Plot no. 32 Area 1.16 Acres and Plot no. 176 Area 0.72 acres totalling 4.13 Acrea in Khata no. 58 of Mouza-Karkidih under Circle Kukru. Petitioners having lost in S.A.R Case no. 23/2011-12 vide order dated 8th Aug., 2016, have preferred S.A.R Appeal No. 06/2016-17 before the Court of Additional Deputy Commissioner, Saraikella-Kharswan, respondent no. 5

(3.) Counsel for the petitioners contends that the appeal has been admitted and notices have been issued on the private respondents calling upon Lower Court Records. The private respondents have also appeared there. An application for stay of the order dated 8th Aug., 2016 passed by S.D.O, Chandil has also been preferred before the Appellate Forum (Annexure-3) on 16th Sept., 2016. Thereafter, though the matter has been taken up on 27th Sept., 2016, 4th Oct., 2016 and 18th Oct., 2016, but no order has been passed on the stay application. In the meantime, petitioners have been served with notice dated 18th Oct., 2016 on 25th Oct., 2016 by Circle Officer, Kukru for delivery of possession on 26th Oct., 2016 (Annexure-5 to the supplementary affidavit). However, due to intervention of the local Mukhiya in view of the ensuing deepawali festival delivery of possession could not be effected. However, petitioners apprehending dispossession at any point of time have approached this Court as the Appellate Forum has yet not considered the application for stay moved by them.