- (1.) THE petitioner, by way of filing the present writ application under Article 226 of the Constitution of India, has prayed for quashing and setting aside the order dated 14.09.2012 (Annexure -10), passed by learned District Judge, III, Singhbhum East at Jamshedpur, in Miscellaneous Appeal No. 17 of 2011, whereby the petition dated 14.2.2012 (Annexure -8), filed by the petitioner for maintaining status quo with regard to demolition of suit property, has been rejected. It is further prayed that appropriate order may be passed directing the respondent to desist/refrain from demolishing the structure of the petitioner during pendency of Miscellaneous Appeal No. 17 of 2011 as well as the instant writ petition.
(2.) HEARD learned counsel for the parties and perused the impugned order as well as the other papers and materials placed on record. From perusal of the same, it transpires that the proceedings were initiated against the present petitioner under the provision of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and since then the matter is pending before the competent authority as well as the Appellate Authority. The matter is also travelled upto this Court on three occasions and this Court while dealing with the writ petition filed by the present petitioner, remanded the matter with a direction to the Competent Authority to deal with and dispose of the said appeal in accordance with law.
(3.) THE brief facts of the case are pointed out by the learned counsel for the respondent -Union of India from the Annexure -3 i.e. the order passed by the competent Authority under sub -section (1) of Section 5 Public Premises (Eviction of Unauthorized Occupants) Act, 1971. On perusal of the said facts, it appears that from time to time attempt has been made by the petitioner to delay the proceeding. The proceedings are pending since 1977 -78.;