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Judgment
Rajesh Shankar, J
The present C.M.P. is taken up today through Video conferencing.
The instant C.M.P. has been filed for setting aside the order dated 05.11.2020 passed by the Sub-Divisional Magistrate-cum-Rent Controller, Chas,
Bokaro in J.B.C.A. Case No. 07/2020, whereby the petitioner (the tenant) has been directed to vacate the premises in question despite the fact that
eviction from the shop in question is also the subject matter of Title (Eviction) Suit No. 10/2003 pending in the court of Civil Judge (Junior Division),
Bokaro. It is further submitted that a supplementary affidavit has been filed on behalf of the petitioner annexing a copy of letter dated 31.07.2021
issued by the Sub-Divisional Magistrate-cum-Rent Controller, Chas, Bokaro to the father of the petitioner (the respondent no. 2) directing him to
handover the key of the shop in question in the court of the aforesaid authority within a week after paying all the outstanding dues to the landlord (the
respondent no. 1).
Issue notice to the respondent no. 1 through ordinary process for which requisites etc. must be filed within one week.
The learned counsel for the petitioner also prays for and is allowed to serve Dasti notice upon the respondent no. 1 for which requisites etc. must be
filed within the aforesaid period.
Let an affidavit be filed on behalf of the petitioner regarding service of Dasti notice upon the respondent no. 1 before the next date fixed.
I.A. No. 2135 of 2021 filed on behalf of the petitioner for stay of operation of order dated 05.11.2020 passed by the Sub-Divisional Magistrate-cum-
Rent Controller, Chas, Bokaro in J.B.C.A. Case No. 07/2020 shall be considered on the next date fixed.
The issue with regard to maintainability of the present petition on account of the petitioner having statutory/efficacious remedy of preferring an
appeal/revision under Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011 is left open.
Put up this case under appropriate heading on 10.09.2021.