MD. MUSLIM Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2011-2-158
HIGH COURT OF JHARKHAND
Decided on February 01,2011

Md. Muslim Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

R.K. Merathia, J. - (1.) HEARD the parties finally.
(2.) IN this writ petition, the Petitioner has challenged the order contained in memo No. 3584 dated 18/11/2006, passed by the Deputy Commissioner, Palamau (Annexure 3) and the order contained in memo No. 2185 dated 11/12/2006, passed by the S.D.O., Sadar, Palamau (Annexure -4). It is submitted on behalf of the Petitioner that as the Petitioner was in possession as subtenant of the original allottee Md. Aslam Ansari (Respondent No. 5), the said orders could not be passed by the district administration for his eviction without giving opportunity to him and without taking recourse to law.
(3.) MR . Manish Kumar, learned Counsel appearing for the Respondent No. 5, on the other hand, supported the impugned orders and submitted that after the land was allotted to him, he constructed shop in 1976 but when he got service in the police department, he gave it to his brother and from him the Petitioner got possession illegally and there is nothing to show that the shop was sublet to the Petitioner. He further submitted that the Petitioner is trying his political influence for allotment of the shop in his favour.;


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