JHARKHAND HIGH COURT ISSUES ORDER ON GAUMI ORAV AND ANR. V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Aug. 8 -- Jharkhand High Court issued the following order on July 9:

1. The instant writ petition has been filed for quashing the order dated 19.04.2025, as contained in memo No. 176, whereby and whereunder, the petitioners have been directed to be evicted from Khata No. 10, Thana No. 128, Plot No. 1643, area 5.50 decimal which is a Housing Board Plot No. RC-13 at Village-Dindli, Majhitola, Adityapur, Dist.- Saraikela Kharsawan.

2. It is contended by learned counsel for the petitioners that the eviction order has been passed without notice to the petitioners. It is also submitted that the petitioners have acquired the property by way of a WILL executed by one Umesh Mahto.

3. It is further contended that the land in question is not of the Housing Board rather it is a private land. It is also submitted that Probate Case No. 02 of 2025 was filed under the Indian Succession Act and Original Suit No. 17 of 2025 has been filed before the court of competent jurisdiction with respect to the subject matter of the suit property.

4. Learned counsel appearing for the State submits that from the impugned order, it will be apparent that the eviction was in pursuance of the final order passed in Eviction Case No. 12 of 2013, filed by Pradip Kumar Mahto (respondent No.6). Further, the petitioners had filed W.P.(C) No. 2463 of 2024 which was disposed of with direction to file a fresh petition along with all credentials. Miscellaneous Case No. 10 of 2024-25 was initiated and an application for rent fixation was dismissed and it attained finality. The said case was dismissed for the reason that the land was of the Housing Board and the petitioners failed to produce any document of title with respect to it.

5. In this view of the matter, I do not find any merit in this writ petition which is, accordingly, dismissed.

6. Since the petitioners have already filed civil suit, they will be at liberty to pursue their legal remedy in the court of competent jurisdiction. Pending, I.A., if any, stands disposed of.

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