SUNIL KUMAR Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2016-1-129
HIGH COURT OF JHARKHAND
Decided on January 18,2016

SUNIL KUMAR Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

S. Chandrashekhar, J. - (1.) Seeking restoration of possession of the shop, the present writ petition has been filed. It is stated that the Deputy Commissioner -respondent No. 2 settled a piece of land measuring about 96 sq.ft. in favour of the petitioner vide letter dated 17.12.1988. The petitioner installed a photocopier machine in the shop constructed over there. In the year, 2007, BPLE Case No. 107 of 2007 was instituted in which an order was passed for eviction of the petitioner. The petitioner preferred BPLE Appeal No. 48 of 2007 -08. Vide order dated 15.10.2007 the respondent No. 2 disposed of the appeal directing the Sub -Divisional Officer, Dalbhum to accept application for renewal of the license if the licensee submits application by 15.11.2007. The renewal was to be granted on payment of double the amount of the ground rent as fine. Subsequently, on the application submitted by the petitioner seeking permission to pay rent from 2001 -2008, vide order dated 21.4.2008 the petitioner was permitted to deposit Rs. 6,720/ - in the Sub -Divisional Nazarat. The petitioner asserts that on 14.6.2008, the petitioner deposited the said amount against receipt No. 391642 still, the shop of the petitioner was demolished on 5.12.2015.
(2.) Heard the learned counsel for the parties.
(3.) Mr. P.P.N. Roy, the learned Senior Counsel for the petitioner submits that the settlement dated 17.12.1988 is a settlement in terms of the Khas Mahal Manual and therefore, the petitioner can be evicted from the said premises only by instituting the proceeding for eviction in the civil court.;


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