- (1.) Aggrieved by notice dated 1.6.2013 issued by the Circle Officer, Namkum whereby, petitioners were directed to handover possession by 6.6.2013 failing which possession would be taken by 7.6.2013, the petitioners have approached this Court by filing the present writ petition. The learned counsel appearing for the petitioners submits that in SAR Case No. 88/2009-10 order dated 7.4.2011 whereby, the petitioner was directed to handover possession was passed, against which the petitioner preferred SAR Appeal No. 29-R-15/2011-12 which was dismissed in default vide order dated 18.6.2012. The petitioner thereafter, preferred an application being Misc. (Re-Admission) Case No. 14-R 15/2012-3 dated 20.2.2013 which is pending consideration however, in the meantime, the Circle Officer, Namkum issued notice dated 1.6.2013. It is submitted that if the notice dated 1.6.2013 issued by the Circle Officer, Namkum is given effect, the restoration application preferred by the petitioners, if finally allowed, and the SAR Appeal No. 29-R-15/2011-12 is restored to its original file, irreparable injury would be caused to the petitioners and therefore, the propriety requires that during the pendency of the restoration application, no order in connection with order dated 7.4.2011 in SAR Case No. 88/2009-10 should have been issued.
(2.) Mr. Atanu Banerjee, the learned counsel appearing for the respondent No. 7 Submits that mere pendency of the restoration application cannot be treated as bar for executing order passed in SAR Case No. 88/2009-10. It is further submitted that even if it is assumed that the restoration application dated 20.2.2013 is allowed and SAR Appeal Case No. 29-R-15/2011-12 is restored to its original file, till the time order dated 7.4.2011 in SAR Case No. 88-R/2009-10 is quashed, there is no legal bar in giving effect to order dated 7.4.2011.
(3.) Mr. V.K. Prasad, the learned counsel appearing for the respondent-State of Jharkhand though opposed the prayer made in the writ petition, fairly submits that during the pendency of the restoration application bearing Misc. (Re-Admission) Case No. 14-R-15/2012-13, the Circle Officer should not have issued notice dated 1.6.2013.;