Ram Kumar Singh @ Ramjee Singh And Ors vs State Of Jharkhand And Ors

This writ petition is under Article 226 of the Constitution of India for quashing the order dated 27.09.2018 (Annexure-3) passed by the Collector under Bihar Public Land Encroachment Act cum Circle Officer, Jamshedpur whereby and whereunder the petitioners have been directed to vacate the premises situated at Mouza Kitadih, Thana No.1167, Khata No.445, Plot No-516 & 497, Area 500 sq. ft. and 10 decimals within 15 days from the date of receipt of the order.

Learned counsel for the petitioners at the outset has submitted that against the aforesaid order appeal has been preferred before the statutory appellate authority, but for the last four dates the Court proceeding was not there and in the meanwhile, they have directed to vacate the premises by virtue of a notice dated 22.01.2019 by 08.02.2019. It has been submitted by the learned counsel for the petitioners that an application has also been filed before the appellate authority on 29.01.2019 for stay of the operation of the order passed by the original authority but since the court is not sitting, therefore appropriate order may be passed so that during pendency of the appeal petitioners may not be evicted from the premises.

It has been informed to this Court that next date fixed by the appellate authority is 04.03.2019. It has further been informed that the appearance is complete and LCR is also called upon.Learned counsel appearing for the petitioner submitted that appropriate order may be passed for disposal of the appeal.

Having heard learned counsel for the parties and taking into consideration the fact that petitioner has approached before the appellate authority against the order passed by the regional authority in B.P.L.E Case no.01 of 2018-19, therefore, it will not be proper for this Court to enter into the merit of the claim of the petitioner at this stage, rather it would be proper to direct the appellate authority to pass an order within stipulated period.

So far as contention of the petitioners that a fresh notice has been issued on 22.01.2019 for vacating from the premises by 08.02.2019 and they has also filed an interlocutory application on 29.01.2019 for stay of operation of order passed in B.P.L.E Case no.01 of 2018-19, hence the impugned protection has been sought for otherwise for no fault of the petitioners they will have to suffer.

Having heard learned counsel for the parties and upon appreciation of the rival submissions since the appeal has been filed before the appellate authority wherein the next date fixed is 04.03.2019, it would not be proper at this stage not to interfere in the order passed by the regional authority in B.P.L.E Case no.01 of 2018-19.

In view thereof, the appellate authority is directed to dispose of the appeal preferably on the next date since it has been informed that pleadings are complete and LCR has been called upon. So far as relief sought for by the petitioners for protecting them in the meanwhile, this Court thinks it proper to pass an interim order since the petitioners have filed an appeal wherein the respondents have appeared and lower court record is before the authority who due to deferment of the case is not being adjudicated and in the meanwhile notice was issued on 22.01.2019 by directing the petitioners to vacate from the premises by 08.02.2019. Therefore, if interim direction will not be granted to the petitioners the petitioners will suffer irreparable loss and injury, and, therefore, keeping the aforesaid fact in consideration the respondents also restrained from evicting the petitioner from the premises in terms of the order passed in B.P.L.E Case no.01 of 2018-19 till 04.03.2019, the petitioner is at liberty to press the interlocutory application filed on 29.01.2019 before the appellate authority and the appellate authority, if having difficulty in disposal of the appeal, will pass an appropriate order in the aforesaid application.

The writ petition is accordingly, disposed of.

Let a copy of the notice dated 22.01.2019 and the appeal dated 29.01.2019 for stay of the operation is kept on record.