- (1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder orders dated 19.10.2016 and 07.11.2016 passed in HRC Case No.28 of 2013 by the Sub-Divisional Magistrate-cum-House Rent Controller, Dhalbhum, Jamshedpur has been sought to be quashed.
(2.) It is the case of the petitioner that a proceeding has been initiated by making an application by the respondent-landlord for fair fixation of rent as required to be fixed under the Jharkhand Building (Lease, Rent and Eviction) Control Act. Although the same has been filed under the provision of the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011 (hereinafter referred to as the Act, 2011) being HRC Case No.28 of 2013 which was decided vide order dated 28.06.2014 against which the present writ petitioner has preferred an appeal before the appellate forum being HRC Appeal No.18 of 2014-15 wherein the appellate authority by taking into consideration the effective date of implementation of the Act, 2011 since came into effect from 15.04.2015 by virtue of notification issued in exercise of power conferred under Section 1(3) of the Act, 2011 dated 16.08.2016, as such the order passed by the Rent Controller in HRC Case No.28 of 2013 has been held to be without jurisdiction but the grievance of the petitioner is that the Rent Controller has again proceeded afresh which according to the petitioner is not permissible.
(3.) This Court has heard the learned counsel on 03.09.2019 and after considering the aforesaid submission, learned counsel for the State has been called upon to file affidavit as also the notice has been issued upon the respondent No.3. The respondent No.3 has put his appearance through his counsel who has been represented by Mr. Shankar Lal Agarwal. ;