JUDGMENT :

1. This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order dated 18.11.2016 passed by House Rent Controller cum Sub Divisional Magistrate, Ranchi in JBC Case No.78 of 2016 has been assailed by which the Rent Controller has refused to adjudicate the issue pertaining to fixation of fair rent even in spite of the direction passed by this Court in L.P.A. No.68 of 2015.

2. It is the case of the petitioners that the shops have been allotted in their favour since last twenty years and since then they are in possession of the shops in the R.I.T. Building Court compound and are carrying out business on the basis of month to month tenancy.

The RRDA at the time of allotment of the shops in question fixed the rent @ Rs.1.50 per sq. ft. in the year 1991 which was enhanced Rs.2.50 per sq. ft. vide memo dated 08.03.1995 and since then the petitioners are making payment @ Rs.2.50 per sq. ft. per month but the rent has been enhanced @ Rs.15 per sq. ft.

The petitioners being aggrieved with such enhancement in the monthly rent filed W.P.(C) No.3423 of 2013 before this Court which was disposed of vide order dated 18.12.2014 by dismissing the writ petition, against which intra Court appeal has been filed being L.P.A No.68 of 2015 and the Division Bench while disposing of the said letters patent appeal on 04.04.2016 directed the Rent Controller to adjudicate upon the fixation of rent with direction to the parties to co-operate with the proceeding, in terms thereof, the Ranchi Regional Development Authority filed a petition on 21.09.2016 as also the petitioners, the Rent Controller has proceeded with the matter and directed to conduct an enquiry in order to get the adjudication of the fair rent but the Rent Controller subsequently refused to adjudicate the issue by passing an order dated 18.11.2016 vide Annexure-10.

The present writ petition has been filed against the non-adjudication of the issues by the Rent Controller on the ground that when the Division Bench has passed an order in L.P.A No.68 of 2015, the Rent Controller ought to have adjudicate the fair rent but not doing so the Rent Controller has flouted the order passed by this Court, therefore, the appropriate order may be passed.

3. Mr. Deepak Sinha, learned counsel for the petitioners has submitted that although the Rent Controller has refused to adjudicate the issue but since the petitioners are raising an issue for fixation of rent of Rs.15/ per sq. ft., the same may be adjudicated by this Court.

4. Mr. Prashant Kumar Singh, learned counsel for the respondents-RRDA, has submitted that the petitioners, against the enhancement of the rent, has filed a writ petition by invoking jurisdiction of this Court under Article 226 of the Constitution of India but the same has been rejected against which the intra Court appeal has been filed wherein the rent controller has been directed to adjudicate the issue even considering under the Jharkhand Buildings (Lease Rent and Eviction) Control Act, 2011 where no provision has been made for adjudication for fixation of fair rent so far as it relates to the Government building, if rented, but the intra Court appeal Court with the consent of the learned counsel for the parties and in order to set the dispute at rest, has directed the Rent Controller to adjudicate upon the same but it is the petitioner who has not cooperated with the proceeding before the Rent Controller by making an objection regarding maintainability on the ground that the Rent Controller has no power to adjudicate the dispute involving Government bodies under the provisions of the tenancy Act applicable, therefore, due to non-cooperation of the petitioners, the Rent Controller has dropped the proceeding, hence the petitioners are not entitled to get any relief by this Court having discretionary power.

He has also relied upon a judgment of this Court passed in L.P.A. No.127 of 2016 disposed of on 16.01.2018 wherein the Division Bench has