- (1.) PETITIONER by way of filing the present writ petition under Article 226 of the Constitution of India has prayed for issuance of an appropriate writ/ order/ direction for quashing and setting aside the notice dated 11.3.2013 issued by the Circle Officer, Simdega in Case No. 12 of 2012 -13 as contained in Annexure -3 to the writ petition by which the respondent No.5 has intimated the petitioner for delivery of possession.
(2.) IT is the case of the petitioner that petitioner has preferred SAR Revision No. 97 of 2011 before the Commissioner, South Chotanagpur Division, Ranchi. Copy thereof has been produced vide Annexure -1 to this petition. Learned counsel for the petitioner, while referring prayer clause of the petition, pointed out that petitioner has specifically prayed that operation of the impugned notice be stayed during pendency of this writ petition.
(3.) LEARNED counsel for the petitioner, while referring Annexure -2 i.e. order -sheet, pointed out that revision application filed before the Commissioner, South Chotanagpur Division, Ranchi is pending since 16.8.2011 and from time to time, the matter has been adjourned on one ground or the other, as the Commissioner remained busy for some other administrative work and the hearing of the revision is kept today i.e. on 2nd April, 2013. Learned counsel for the petitioner further submitted that in the meantime petitioner has received notice vide Annexure -3 dated 11.3.2013 issued by the Circle Officer, Simdega, whereby the petitioner has been asked to vacate the premises and hand over the possession.;