LAWS(JHAR)-2018-4-225

SWAROOP KUMAR SETHI Vs. STATE OF JHARKHAND

Decided On April 24, 2018
Swaroop Kumar Sethi Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The present writ petition has been filed for quashing the proceeding related to Case No. MP 17/2017 intimated vide notice dated 16.10.2017 (Annexure-5 to the writ petition) issued by the respondent No. 4 arising out of the order dated 29.09.2017 passed by the respondent No. 3 in J.B.C Appeal No. 25R 15/2016-17, as the order passed in the said appeal has been challenged by the petitioners before the respondent No. 2 in J.B.C Revision No. 69/2017 and the same has been admitted for adjudication. It has also been prayed for restraining the respondent No. 4 from proceeding further in Case No. MP 17/2017 for executing the order dated 29.09.2017 passed by the respondent No. 3 in J.B.C Appeal No. 25R 15/2016-17 directing the petitioners to vacate the premises in question and hand over the possession of the same to the respondent No. 5, till disposal of J.B.C Revision No. 69/2017 preferred by the petitioners before the revisional authority (the respondent No. 2) under Sec. 37 of the Jharkhand Building (Lease, RentEviction) Control Act, 2011 [hereinafter referred to as 'the Act, 2011'].

(2.) The brief facts of the case, as stated in the writ petition, is that the respondent No. 5 claiming herself to be the landlady of the premises in question filed J.B.C Case No. 29/2015 against the petitioners under Sec. 19(1)(d)(c) of the Act, 2011 in the Court of the respondent No. 4. The respondent No. 4 vide order dated 25.04.2016, dismissed the said case. Aggrieved by the said order, the respondent No. 5 preferred an appeal being J.B.C. Appeal No. 25R 15/2016-17 in the Court of the respondent No. 3. The said appeal was allowed in favour of the respondent No. 5 vide order dated 29.09.2017. Thereafter, the petitioners preferred revision being J.B.C Revision No. 69/2017 in the Court of the respondent No. 2 which is still pending for adjudication.

(3.) Learned counsel for the petitioners submits that the limited grievance of the petitioners is that though the revision petition preferred by the petitioners is pending in the Court of the respondent No. 2, yet the respondent No. 4 is taking steps for execution of the order dated 29.09.2017 passed by the respondent No. 3 in J.B.C. Appeal No. 25R 15/2016-17 which would be evident from the impugned notice dated 16.10.2017 issued in Case No. MP 17/2017 (Annexure-5 to the writ petition). It is further submitted that the respondent No. 5 is pursuing the matter for eviction of the petitioners from the premises in question requesting the respondent No. 4 to depute the Magistrate and police force for the same.