SUJIT NARAYAN PRASAD,J. - (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.;