High CourtsSINGLE BENCH(2017) 11 JH CK 0024

Smt. Sunaina Mishra vs ICICI Lombard General Insurance Company Ltd

Jharkhand High Court · Decided on 20 November 2017

HON’BLE JUDGES
Rajesh Shankar
RESULT
Dismissed
CASE NUMBER
4383 of 2015

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Judgment

4 paragraphs · 284 words
1.

The present writ petition has been filed for quashing the letter as contained in memo no. 925 dated 31.08.2015 (Annexure-4 to the writ petition) issued by the Block Development Officer, Hiranpur, District- Pakur, to the petitioner asking him to vacate the Shop No. 23A situated at Hiranpur Bazar and to handover the possession of the same to the respondent no. 6 (Namita Devi, widow of Late Bakreshwar Mandal).

2.

It appears from the writ petition that the shop no. 23A situated at Hiranpur Bazar, District- Pakur was allotted to one Bakreshwar Mandal on 17.09.1992. Subsequently, Bakreshwar Mandal died. As a private arrangement, the said shop was subsequently occupied by the petitioner. On perusal of the letter contained in memo no. 669 dated 29.06.2015 (Annexure-3 to the writ petition) issued by the Block Development Officer, Hiranpur, District- Pakur to the petitioner, it appears that respondent no. 6, Namita Devi, widow of Late Bakreshwar Mandal, wanted the shop back from the petitioner and, accordingly, the Block Development Officer, Hiranpur directed the petitioner to vacate the said shop by 01.07.2015. The impugned letter contained in Memo no. 925 dated 31.08.2015 has been issued giving reminder to the petitioner to vacate the shop in question and to handover the possession of the same to the respondent no.6.

3.

Admittedly, the shop no. 23A situated at Hiranpur Bazar, Pakur was never allotted in the name of the petitioner and as such, he has no right to remain in possession of the said shop. I find no infirmity in the letter contained in Memo no. 925 dated 31.08.2015 issued by the Block Development Officer, Hiranpur, District- Pakur.

4.

The writ petition being devoid of any merit is, accordingly, dismissed.