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IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (C) No.1562 of 2021

With

I.A. No.2161 of 2021

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Basant Prasad

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

-Versus-

1. The State of Jharkhand

2. The Commissioner, South Chotanagpur Division, Ranchi.

3. The Deputy Commissioner, Ranchi.

4. The Rent Controller-cum-Sub Divisional Magistrate,

Sadar, Ranchi.

5. M/s. Kavee Enterprises Private Ltd., Main Road, Ranchi.

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

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner

:

Mr. Anil Kumar, Sr. Advocate

Ms Chandana Kumari, Advocate

For the State

:

Mr. Mihir Kunal Ekka, A.C. to S.C.V

For the Res. No.5

:

M/s Pandey Neeraj Roy and

Rohit Ranjan Sinha, Advocates

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Order No.07

Date: 26.08.2021

1.

This case is taken up through video conferencing.

2.

The present writ petition has been filed for quashing the order dated

08.03.2021 passed by the Commissioner, South Chotanagpur Division,

Ranchi-respondent no.2 in Ranchi JBC Revision Case No.25/2019,

whereby the said revision case filed by the petitioner has been

dismissed and the order dated 23.09.2019 passed by the Deputy

Commissioner, Ranchi- respondent no.3 in JBC Appeal No.74R-

15/2016-17 as well as the order dated 30.09.2016 passed by the Rent

Controller-cum-Sub Divisional Magistrate, Sadar, Ranchi- respondent

no.4 in JBC Case No. 32/2015 have been affirmed.

3.

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

that Shop no.1, Ground Floor, Kashmir Vastralaya Complex, Municipal

Holding Nos.670 & 671, Ward no.14 within Ranchi Municipal

Corporation, Situated at Main Road, P.S - Lower Bazar, District - Ranchi

(hereinafter referred as the said shop) was leased in favour of the

petitioner by the respondent no.5. The respondent no.5 initially filed

JBC Case No.32/2015 under section 19(1)(a)(c)(d) and (e) of the

Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011

(hereinafter to be referred as ‘ the Act, 2011’) before the respondent

no.4, praying inter alia, to evict the petitioner from the shop premises

and to hand over the vacant possession of the same to it and further

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to pass a decree of arrears of rent amounting to Rs.2,52,000/- plus

Rs.1,47,000/- for the period from August , 2010 to 1^st May, 2015 as

well as mesne profits by way of penalty @ Rs.500/- per day with effect

from 01.08.2013 onwards till the actual payment. The respondent

no.5, however, further prayed that since the Act, 2011 itself bars the

claim of arrears of rent beyond a period of previous three years, hence

the claim of arrears of rent was made only for the period from May,

2012 to April, 2015 along with mesne profits by way of penalty as

stated above and the cost of the suit. The respondent no.4 issued

notice to the petitioner and pursuant to the said notice, he appeared

and filed written statement stating therein that the suit was not

maintainable in the said form. The respondent no.4 allowed the case

in favour of the respondent no.5 vide order dated 20.07.2015,

directing the petitioner to handover vacant possession of the said shop

to the respondent no.5 within 15 days. The petitioner challenged the

said order before the respondent no.3 by filing an appeal being JBC

Appeal No.21R-15/2015-16 which was allowed vide order dated

23.09.2015 and the case was remanded to the respondent no.4 to pass

a fresh order on the basis of evidences brought by both the parties.

The respondent no.4 again passed the order dated 30.09.2016 for

eviction of the petitioner under section 19(1)(d)(e) and for payment of

arrears of rent for three years amounting to Rs.2,52,000/- under

section 27 of the Act, 2011 and damage charge @ Rs.500/- per day

according to the lease deed was also directed to be paid in addition to

the monthly rent until handing over the vacant possession of the

premises in question to the respondent no.5. Being aggrieved w