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Judgment
Dr.S. N. Pathak, J
Heard the parties.
Petitioner has filed instant writ petition with a prayer for quashing letter no. 1300, dated 12.08.2023, issued by respondent no. 4 whereby and whereunder, six months’ time has been granted to respondent no. 5 to vacate house of the petitioner. It has been alleged that said order is in contravention of his own order dated 28.07.2023 in which respondent no. 4 had directed to vacate house within twenty days from the date of said order passed in Eviction Suit No. 01/2023 under Sections 19(1), (c), (d) & (e) of the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011.
At the very outset, it has been brought to the notice that petitioner and respondent no. 5 are the full-blood brothers and as such, they are ready for amicable settlement of the matter outside the Court.
Ms. Seema Kumari Singh, learned counsel submits that marriage of petitioner’s daughter is fixed on 30.10.2023 and as such he is in need of the house in question. In order to make amicable settlement, petitioner has filed an affidavit today i.e. 18.10.2023 clearly mentioning on oath therein that he is ready to provide either of the two houses description whereof is mentioned in para-3 to the affidavit and is sufficient for him to live there comfortably. It has further been mentioned that owners of both the houses are known to him and are respectable persons of the society and as such, respondent no. 5 can shift there with full respect and dignity. He is further ready to pay the applicable amount of rent, in advance, for two months only. Learned counsel further submits that petitioner shall cooperate in shifting process and will also help the daughter of the respondent no. 5 who is in family way.
Mr. Vishal Kumar Tiwari, learned counsel appearing on behalf of the respondent no. 5 does not oppose to the prayer and further submits that he will abide by the directions of this Court and shall also cooperate in maintaining peace between the two families who are in fact own brothers.
Since parties are ready for amicable settlement, this writ petition is being disposed of on agreement of the parties. This Court directs the respondent no. 5 to shift in either of the two houses which suits him, as mentioned in para-3 of the supplementary affidavit filed by the petitioner. Since daughter of the respondent no. 5 is in family way and there is marriage ceremony of daughter of the petitioner, both the parties have to take care and cooperate each other.
Let it be made clear that this Court has not entered into merits of the case.
The writ petition stands disposed of with aforementioned observations and directions.