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SANJAY KUMAR DWIVEDI
Shiv Shankar – Appellant
Versus
State of Jharkhand through the Chief Secretary – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the respondent No.5.
2. The prayer in the writ petition is made for quashing of the order dated 09.10.2023 passed by the Commissioner, South Chhotanagpur Division, Ranchi in J.B.C. Revision Case No.30 of 2022 passed in favour of the respondent No.5 under Section 19(1)(a) of Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011 whereby the order dated 09.07.2022 passed by the Deputy Commissioner, Ranchi (Respondent No.3) in J.B.C. Appeal No.82R15 of 2018-19 has been set aside and direction has been issued to the petitioner to vacate the premises situated in Shop No.13, Main Road, Ranchi Club Complex, Ranchi and handover the possession to the respondent No.5.
3. Mr. Indrajit Sinha, learned counsel appearing for the petitioner submits that respondent No.5 is the owner of one shop in ground floor and mezzanine floor under Shop No.13 situated at Ranchi Club Complex, Main Road, Ranchi. He further submits that the petitioner approached the respondent No.5 for renting the shop for a showroom in name and style of ‘Satya Paul
The court affirmed that non-payment of rent constitutes a breach of tenancy conditions, justifying eviction under the Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011.
The appellate authority cannot contravene established grounds for eviction determined by the Rent Controller, especially when one ground is sufficient for eviction.
The court established that adherence to principles of natural justice is essential in administrative and quasi-judicial proceedings, particularly in landlord-tenant disputes, where parties must be gi....
The court affirmed that the landlord, as defined under the Jharkhand Building (Lease, Rent and Eviction) Control Act, has the authority to initiate eviction proceedings, excluding the application of ....
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