1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (C) No.1025 of 2021

With

W.P.(C) No.994 of 2020

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M/s. Maya Printers and Stationeries, Ranchi,

through its Proprietor, namely, Maya Tiwari.

.......... Petitioner.

[In W.P.(C) no.1025/2021]

Vinay Goenka

……….. Petitioner.

[In W.P.(C) no.994/2020]

-Versus-

Vinay Goenka

………… Respondent.

[In W.P.(C) no.1025/2021]

1. The State of Jharkhand through the Sub Divisional Officer-cum-

House Rent Controller, Ranchi.

2. M/s. Maya Intelligence & Security Services Private Limited, through

its Directors, Vivek Kumar Tiwari & Ujjawal Prakash Tiwari.

3. Maya Tiwari

.......... Respondents.

[In W.P.(C) no.994/2020]

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner: Mr. Rohit Roy, Advocate [In W.P.(C) no.1025/2021]

Mr. Rahul Kumar, Advocate [In W.P.(C) no.994/2020]

For the Resp. : Mr. Rahul Kumar, Advocate [In W.P.(C) no.1025/2021]

For the State : Mr. Debarsi Mondal, A.C. to Sr. S.C.I

[In W.P.(C) no.994/2020]

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Order No.09

Date: 11.02.2022

1.

These cases are taken up through video conferencing.

2.

W.P.(C) No.1025 of 2021 has been filed for quashing the order dated

08.02.2021 passed by the Commissioner, South Chotanagpur Division,

Ranchi-cum-The Revisional Authority under the Jharkhand Buildings

(Lease, Rent and Eviction) Control Act, 2011 (hereinafter to be referred

as ‘the Act, 2011’) in JBC Revision Case No.14 of 2020, whereby the

revision preferred by M/s Maya Printers & Stationeries (hereinafter to

be referred as ‘the tenant’) against the order dated 13.11.2020 passed

by the House Rent Controller-cum-Sub Divisional Magistrate, Sadar

Ranchi (in short ‘HRC’) in JBC No.22 of 2018 has been rejected. Further

prayer has been made for quashing the order dated 13.11.2020 passed

by the HRC in JBC No.22 of 2018 in terms of which the defence of the

tenant against the eviction case has been struck off.

3.

W.P.(C) No.994 of 2020 has been filed by Vinay Goenka (hereinafter

referred as the ‘landlord’) for issuance of direction upon the HRC to

expeditiously decide JBC No.22 of 2018 filed by him for eviction of the

tenants (respondent nos.2 and 3).

2

4.

The factual background of the case, as stated in the writ petitions, is

that the landlord instituted JBC No.22 of 2018 for eviction of the

tenants under section 19(1)(a)(c)(d) of the Act, 2011 before HRC

claiming that they violated the terms and conditions of the lease deed

and defaulted in making payment of rent since April 2017. It was also

averred in the said case that the premises was required by the landlord

for own use and occupation. The tenant appeared and filed written

statement and denied violation of the terms and conditions of the lease

deed or any default in payment of rent. It was submitted that the

landlord did not have requirement of the suit premises and, therefore,

prayed for dismissal of the suit. During pendency of the said

proceeding, the landlord filed a petition on 02.11.2018 under Section

27 of the Act, 2011 for issuance of direction upon the tenants to make

payment of arrears of rent since April, 2017 as well as to deposit the

current rent @ Rs.30,000/- per month. The said petition was contested

by the tenant denying its liability for payment of arrears of rent,

however, vide order dated 18.12.2018 the HRC directed the tenant to

deposit arrears of rent due to the landlord before the Court of HRC

from March 2018 @ Rs.15,000/- per month as also the current rent

within first week of each succeeding month. It was also ordered that

since one of the tenants i.e. M/s. Maya Intelligence and Security

Services Pvt. Ltd. had not been appearing regularly, the case was

declared ex. Parte against the said tenant and hence it was not

possible to order the said tenant to make payment of its part of rent

@ Rs.15,000/- per month. In com