Jharkhand High Court
Kapoor Chand Jain And Anr vs Anandita Sahay on 9 October, 2012
Author: P.P.Bhatt
Bench: P.P.Bhatt
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(C) No. 5107 of 2012
Kapoor @ Kapur Chand Jain and Anr. Petitioner(s)
Versus
Anandita Sahay Respondent(s)
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CORAM: HON'BLE MR. JUSTICE P.P.BHATT For the Petitioner : M/s P.K. Prasad, Sr.Adv, Mr. Ayush Aditya, Debolina Sen, Adv.
For the Respondents :
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Order No.03 Dated 09th October, 2012.
The petitioner, by way of filing the instant writ application under Article 227 of the Constitution of India, has prayed for quashing and setting aside the the orders dated 16.2.2012(Annexure-2), 7.5.2012 (Annexure-5) and 17.7.2012 (Annexure-8) by the learned Munsif, Hazaribagh in Eviction Suit No. 25/2011, whereby, the petitioners-defendants have been debarred to file affidavit under Section 14(4) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 praying therein for recalling the order dated 16.2.2012 and 2.3.2012 and further prayer to permit the defendants to file written statement and contest the suit has been rejected.
Upon hearing the learned counsel for the petitioner and from the perusal of orders impugned and the provisions contained in Section 14(4) of the BBC Act, issue urgent show cause notice to the respondent, for which, requisites etc. under registered cover with A/D as well as ordinary process must be filed within a week.
Notice is made returnable after four weeks.
By way of ad interim order, till the next date of listing, further proceeding in Eviction Suit No. 25/2011 is stayed.
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Anu/- (P.P. Bhatt, J.)