The court emphasized that a subsequent judgment cannot be a ground for challenging an order which has become final.

Shree Chandrashekhar, J.

Seeking issuance of a writ of quowarranto to the respondent no.2 who assumed the office of Rent Controller under the Jharkhand Buildings (Lease, Rent & Eviction) Control, Act, 2011 and seeking a declaration that all actions, orders, directions including, order dated 27.06.2013 in HRC Title (Eviction) Suit No.05 of 2013 are null and void, the present writ petition has been filed.

2. The petitioner was opposite party in HRC Title (Eviction) Suit No.05 of 2013, which was instituted under Section 25 of the Jharkhand Buildings (Lease, Rent & Eviction) Control, Act, 2011. The said application was allowed vide order dated 27.06.2013 directing the opposite party/petitioner to vacate the suit premises. Subsequently, Execution Case No.15 of 2013 was instituted and order dated 27.06.2013 was executed on 27.09.2013. The petitioner approached this Court in W.P.(C) No.4841 of 2013, which was dismissed as withdrawn on 20.11.2014. Thereafter, the petitioner has approached this Court by filing the present writ petition.

3. The learned counsel for the petitioner submits that a Division Bench of this Court in W.P.(C) No.5499 of 2014 declared that Sub-Divisional Officers cannot exercise power under the Jharkhand Buildings (Lease, Rent & Eviction) Control, Act, 2011 and therefore, order dated 27.06.2013 in HRC Title (Eviction) Suit No.05 of 2013 must be declared null and void and inoperative. It is submitted that consequent upon such declaration, the petitioner should be put in possession of the suit premises.

4. Per contra, the learned counsel for the respondent no.3 raises an objection to the maintainability of the writ petition and submits that the present writ petition is barred by resjudicata. The learned counsel for the respondent-State of Jharkhand states that subsequently, the Government of Jharkhand has issued notification and the 2011 Act has been brought into force.

5. I find that the petitioner approached this Court in W.P.(C) No.4841 of 2013 seeking quashing of order dated 27.06.2013. The petitioner challenged vires of the Jharkhand Buildings (Lease, Rent & Eviction) Control, Act, 2011. In the said writ petition, the petitioner had challenged power conferred upon the Sub-Divisional Officer-Cum-Rent Controller on the ground that power under 1982 Act conferred upon civil court cannot be curtailed and conferring power upon the Sub-Divisional Officer is against the object of 2011 Act. At the instance of the petitioner, the writ petition was dismissed as withdrawn with liberty to the petitioner to resort to other remedy available in law. In the present writ petition, the petitioner has sought a declaration that order dated 27.06.2013 in HRC Eviction Case No.05 of 2013 passed by the Sub-Divisional Officer-Cum-Rent Controller including, proceeding of Execution Case No.15 of 2013 should be held null and void and inoperative on the ground that at the relevant time no notification for bringing into force the 2011 Act was issued by the State Government. In view of challenge to order dated 27.06.2013 in the earlier writ petition, which was dismissed as withdrawn, the declaration sought by the petitioner cannot be granted. A subsequent judgment cannot be a ground for challenging an order which has become final. The learned counsel for the respondent-State of Jharkhand has submitted that subsequent to order passed in W.P.(C) No.5499 of 2014, the Government of Jharkhand has issued notification whereby, the Jharkhand Buildings (Lease, Rent & Eviction) Control, Act, 2011 has been brought into force. In view of the subsequent notification issued by the Government of Jharkhand, the Sub-Divisional Officers are discharging statutory duty.

6. Considering the above facts, I find no merit in the writ petition and accordingly, it is dismissed.

Petition dismissed.