RAM KISUN JOUHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Surviving defects are ignored.

(2.) Heard learned for the petitioner and the State.

(3.) This writ petition is being disposed of without getting into the merit of the matter at this stage in view of the order proposed to be passed hereinafter:- Petitioner apprehends his dispossession in pursuance of the Execution Case No. 29 of 2016 arising out of HRC Case No. 28 of 2015. Petitioner has lost in House Rent Control Case No. 28 of 2015 before the Original Authority i.e. Rent Controller-cum-Sub-Divisional Magistrate, Jamshedpur, Annexure-1 is the order dated 26.12.2015. He has also lost in appeal preferred thereafter before the Deputy Commissioner, East Singhbhum, Jamshedpur in HRC Appeal No. 58 of 2015-16 vide order dated 22.11.2016, Annexure- 2. Revisional remedy invoked by him under Sec. 37 of the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011 before the Divisional Commissioner, Singhbhum (Kolhan) Division, Chaibasa i.e. HRC Revision No. 16 of 2016, Annexure-3 is pending for consideration. However the post of Divisional Commissioner, Kolhan Division, Chaibasa is being held in additional charge by an officer, who is holding the charge of three more divisions, i.e. North & South Chotanagpur Division as well as Santhal Pargana Division apart from the charge of Chairman of J.C.E.C.E Board. In the midst thereof, the private respondent-Landlord has sought execution of the order passed by the Rent Controller in Execution Case No. 29 of 2016 in which the petitioner has already appeared and filed his show cause. Learned counsel for the petitioner submits that there are likely chances that the petitioner may be evicted from the premises in question without getting an opportunity to avail of the revisional remedy or to obtain an interim protection from the Revisional Authority due to the aforesaid reasons. Therefore, petitioner has to approach this Court in the present writ petition. It is also submitted that considering the peculiar situation that has arisen on account of the fact that same officer, Dr. Pradeep Kumar, I.A.S has been holding the charge of four Divisions apart from the charge of Chairman of J.C.E.C.E Board, this court in W. P. (C) No. 5516 of 2016 along with other analogous cases was pleased to direct the respondent-State to come out with their stand in the matters. Upon consideration of the stand brought on record in the said matters that suitable IAS officers of the equivalent rank would be posted on the post of Divisional Commissioner of the respective Divisions in regular capacity on or before 2nd week of Jan., 2017, this Court was pleased to dispose of the writ petitions giving liberty to the said petitioners to approach Revisional Authority by 21.01.2017 while granting interim protection in some of those matters till 27.01.2017 vide order dated 14.12.2016. It is submitted that the instant matter can also be disposed of in that light.