- (1.) The present appeal is filed against the order dated 17.4.2013 passed in WPC No. 5073/2012, whereby the writ petition of the appellant was disposed of with an observation that if the appellant has any remaining grievances, he is entitled to move before the appropriate Forum.
(2.) The appellant is running a Medical Shop under the name and style of M/s Tulsyan Medical in Bartand near Jalan Hospital in the district of Dhanbad under the tenancy of respondent nos. 6 to 8. The landlords filed Title (Eviction) Suit No. 56/2008 before the court of Munsif-I, Dhanbad for eviction of the Tenant/appellant on the ground of personal necessity and expiry of the tenancy agreement. The grievance of the appellant is that during the pendency of the Eviction Suit, the landlords/respondents 6 to 8 attempted to take steps for forcible dispossession of the appellant and in the last week of January, 2011, the respondents landlords dumped debris besides the shop of the appellant. The appellant filed injunction petition on 27.1.2011 and the same was dismissed on 11.2.2011 on the ground that the debris has been dumped by the side of the medical shop and not in front of the shop. Further case of the appellant is that after the said order dated 11.2.2011, the respondent State authorities dumped soil on 17.2.2011 in front of the shop of the appellant and regarding which the appellant had made complaint to the Superintendent of Police, Dhanbad and also to the Deputy Commissioner, Dhanbad. When no action was taken by the authorities, the appellant filed W.P.C. No. 1018/2011 and by the order dated 22.3.2011, the writ petition was disposed of directing the appellant to move before the Administrator, Dhanbad Municipal Corporation and further directing the Administrator to pass orders after giving opportunity of hearing to the parties.
(3.) The appellant, thereafter, filed an application before the opposite party no. 2 on 02.04.2011. Stating that no action has been taken, the appellant filed Cont (C) Case No. 300/2011 and in the show cause, the respondents had stated that he has passed the order on 9.5.2012, vide memo no. 1494, in which 5th respondent was directed to remove the said debris otherwise the Corporation will remove the same and the cost will be recovered from him. According to the appellant, inspite of such order, no action was taken for removal of the encroachment. Thereafter, the appellant filed W.P.C. No. 5073/2012 and the same was disposed of on 17.4.2013 holding that during pendency of the writ petition, Dhanbad Municipality has removed the debris and if the appellant has any further grievance, he is entitled to move before the appropriate forum. Being aggrieved by the aforesaid order, the appellant has filed this appeal.;