RANCHI, India, April 20 -- Jharkhand High Court issued the following order on March 19:
1. Heard the learned counsel representing the petitioners and the learned counsel representing the respondents.
2. The grievance of the petitioners is that notice of eviction has been issued but in the name of the dead person, and no proceeding can be initiated against a dead person.
3. Learned counsel appearing for the HEC submits that quarter was originally allotted to the wife of the employee but some other persons are residing there.
4. After going through the Notice which has been served, I find that the same is in the name of Sushila Bera, wife of late Manmatha Nath Bera. Annexure-3 is the death certificate of Sushila Bera. which suggest that she has died on 02.08.2019.
5. Thus, from the record, it is apparent that the notice has been issued to a dead person, which is non est in the eye of law. Thus, the impugned notice is set-aside.
6. If the respondents want to seek eviction of the occupant of the quarter in question, they have to initiate a proceeding against the persons who are residing there. It is open to the respondents to proceed afresh against them as per law.
7. With the aforesaid observation, this writ petition is disposed of.
8. I.A. No. 3774 of 2026 also stands disposed of.
Disclaimer: Curated by HT Syndication.
