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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Ranjit Singh - Petitioner
Versus
M/s. Bharat Coking Coal Limited & Ors. - Respondents
W.P.(C) No. 3099 of 2021
Decided On : 21-12-2021
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Section 4(1) – Eviction – Notice – Quash of - A notice issued by respondent no. 2- Estate Officer under Section 4(1) of Act, 1971 in Eviction Case whereby the petitioner has been called upon to explain as to why he should not be evicted from land - Held, Petitioner has efficacious remedy of preferring appeal under Section 9 of the Act, 1971 against final order passed by respondent no. 2 in Eviction Case, court not inclined to entertain present writ petition at this stage - Petitioner is however at liberty to take alternative/statutory recourse of preferring appeal against order passed by the respondent no. 2 in Eviction Case - It goes without saying that petitioner is also at liberty to raise all possible grounds while assailing aforesaid order passed by respondent no. 2 before appellate authority including jurisdiction of respondent no. 2 in initiating eviction proceeding itself - Petition is dismissed.
JUDGMENT :
The present writ petition has been filed for quashing notice dated 23.06.2021 (Anneuxre-1 to the writ petition) issued by the respondent no. 2- the Estate Officer, Putki Balihari Area, Bharat Coking Coal Limited, Dhanbad (BCCL), Dhanbad under Section 4(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (in short, “the Act, 1971”) in Eviction Case No. 05/2021 whereby the petitioner has been called upon to explain as to why he should not be evicted from the land appertaining to Khata no. 12, plot no. 20, Mouza No. 73, village-Gopalichak No. 2, District- Dhanbad measuring an area of 20’ x 20’.
2. The petitioner has filed I.A. No. 6486 of 2021 for staying the proceeding of Eviction Case No. 05/2021 pending before the respondent no. 2. Subsequently, the petitioner filed another interlocutory application being I.A. No. 7332 of 2021 seeking challenge to the final order dated 07.12.2021 passed by the respondent no. 2 in the said case.
3. Mr. A.K. Mehta, learned counsel for the respondents, submits that since the respondent no. 2 has already passed the final order dated 07.12.2021 in the said eviction case, the petitioner has efficacious remedy of preferring appeal against the said order under Section 9 of the Act, 1971.
4. Having heard the learned counsel for the parties and Keeping in view that the petitioner has efficacious remedy of preferring appeal under Section 9 of the Act, 1971 against the final order dated 07.12.2021 passed by the respondent no. 2 in Eviction Case No. 05 of 2021, I am not inclined to entertain the present writ petition at this stage. The petitioner is however at liberty to take alternative/statutory recourse of preferring appeal against the order dated 07.12.2021 passed by the respondent no. 2 in Eviction Case No. 05 of 2021. It goes without saying that the petitioner is also at liberty to raise all possible grounds while assailing the aforesaid order passed by the respondent no. 2 before the appellate authority including the jurisdiction of respondent no. 2 in initiating the eviction proceeding itself.
5. The writ petition is dismissed as not maintainable with aforesaid liberty and observation.
6. I.A. No. 6486 of 2021 and I.A. No. 7332 of 2021 also stand disposed of accordingly.
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