BIRENDRA KUMAR SINGH Vs. GURUNAM SINGH
LAWS(JHAR)-2011-4-160
HIGH COURT OF JHARKHAND
Decided on April 04,2011

BIRENDRA KUMAR SINGH Appellant
VERSUS
Gurunam Singh Respondents

JUDGEMENT

D.N. Patel, J. - (1.) THE present interlocutory application has been preferred by the Respondent for vacating the stay granted by this Court vide order dated 4th April, 2008.
(2.) HAVING heard learned Counsel for both the sides and looking to the facts and circumstances of the case, it appears that: (i) Against the order passed by the Rent Controller for fixing the standard rent of property, in question, the appeal bearing Bihar Building Control Appeal No. 55 of 2011 has been preferred by the Petitioner, which is pending before the Deputy Commissioner, Ranchi. (ii) It appears from the facts of the case that the Rent Controller has already fixed standard rent. There is a dispute between the landlord and tenant and the trial court has passed an order that the standard rent, which is already fixed by the Rent Controller has to be deposited, by the tenant in the court. Against this order, the present writ petition has been preferred. (iii) Several grounds have been raised by the Petitioner, inter alia, that the Bihar Building Control Appeal is pending and, therefore, the order passed by the trial court require to be stayed. (iv) It also appears that the stay has already been granted in favour of the Petitioner in this writ petition on 4th April, 2008 after giving an adequate opportunity of being heard to the Petitioner as well as Respondent and, therefore, looking to the facts and circumstances of the case, I hereby direct the Deputy Commissioner, Ranchi to hear and finally dispose of Bihar Building Control Appeal No. 55 of 2011, in accordance with law and on the basis of evidence on record, as expeditiously as possible and practicable, preferably with in a period of eight weeks, after giving an adequate opportunity of being heard to both the parties. The writ petition along with I.A. No. 4209 of 2010 is adjourned and ordered to be listed on 6th June, 2011.;


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