- (1.) The present petition has been preferred mainly for the reason that the Circle Officer, Jarmundi, Distt:- Dumka has pasted a notice of eviction upon the premises, owned by the present petitioners. Learned counsel for the petitioner has vehemently submitted that exparte decision, has been taken by the Circle Officer, Jarmundi which is arbitrary, capricious and whimsical approach and, therefore, he has challenged the decision of the Circle Officer, Jarmundi.
(2.) Learned counsel for the petitioner has also submitted that the petitioner is ready and willing to go before the appropriate officer and will prefer an appeal against the order, passed by the Circle Officer, Jarmundi. The said appeal will be preferred before the Deputy Commissioner, Dumka and till then stay, granted by this Court vide order dated 3rd April, 2008 to the effect that the petitioners should not be dispossessed from the property, in question, may be continued till that appeal is preferred and disposed of, before the Deputy Commissioner, Dumka.
(3.) I have heard learned counsel for the respondent No. 5, who has submitted that the petition against a notice is not tenable at law either the petitioner may prefer an appeal or the petitioner may approach to the Circle Officer, Jarmundi. As the order of eviction is an appealable order, the Deputy Commissioner, Dumka is the competent authority to decide the case of the present petitioners.;