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2019 Supreme(Jhk) 484

SUJIT NARAYAN PRASAD
Vinay Prakash Mishra, son of Late Surendra Nath Mishra – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kundan Kr. Ambastha, Adv.
For the State : Mr. Jayant Franklin Toppo, S.C. (L&C)
For the Respondent: Mr. Rajiv Ranjan, Sr. Adv.

ORDER :

1. Learned counsel for the petitioner, at the outset, seeks leave of this Court to make necessary correction in the brief and submits that due to inadvertence the provision conferred to this Court under Article 227 of Constitution of India has been invoked in place of Article 226 of Constitution of India.

2. Learned counsel for the petitioner is permitted to make necessary correction in the brief in course of the day.

3. This writ petition is against the judgment dated 30th June, 2016 passed in Civil (Misc.) Appeal No.10 of 2016 whereby and whereunder the order passed by State officer under the provision of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short hereinafter referred to as 'of the Act, 1971”) dated 19.03.2016 in Case No.A/E-78 of 2003 has been refused to be interfered with.

4. The case of the petitioner is that by virtue of deed of partnership entered into with the Bokaro Steel City Central Consumers Co-operative Store Ltd. and M/s Classic Fashion Maker Prop. of Vinay Prakash, petitioner is in possession of the aforesaid shop, therefore, he is having valid right to occupy the said shop. He submits that the aforesaid complex has been leased in f

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