Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India wherein the following reliefs has been sought: (I) To quash the order dated 07.12.2018 passed by respondent no.3 in M.P. Case No.03 of 2018, whereby and whereunder the petitioners have been directed to deposit the entire arrears of rent amount to Rs.61,36,200/- in alleged compliance of the order dated 06.02.2015 passed in J.B.C Case No.05 of 2008, failing which the steps would be taken for attachment of the bank account. (II) Direct the respondent no.1, Commissioner, South Chotanagpur Division, Ranchi to expeditiously hear and dispose of the Revision Case filed by the petitioners being Ranchi J.B.C Revision No.22 of 2018. (III) In alternative to prayer numbers 1 and 2, declare the order dated 06.02.2015 passed in J.B.C Case No.05 of 2018 as nonest in the eye of law being void ab initio in view of the fact that the said order has been passed in alleged exercise of powers conferred under Sections 9, 10 and 11 of the Jharkhand Buildings (Lease, Rent & Eviction) Control Act 2011 (hereinafter referred to as Act 2011).
(2.) The factual aspect as has been argued by the learned counsel for the petitioners that the respondent no.4 being the owner of piece of land situated in S.N. Ganguly Road, Ranchi had given the said vacant land to M/s Kishorei Lal Choudhary and brothers and as per the terms of tenancy the building was to be constructed by the tenants at their own cost and expenses, the petitioners had constructed a shop over the portion of tenancy and one shop constructed is known as 'Subhash Industrial Corporation' and other shop as Anand Hardware and both the shops were running by the petitioners.
(3.) As per the agreement entered between the petitioners and respondent no.4 rent was fixed @ Rs.500 per month and said rent was adjusted initially at the cost of construction and thereafter the rent was being paid regularly @ Rs.500/ per month in favour of respondent no.4. The respondent no.4 has filed an application for fixation of rent before the Rent Controller, Ranchi in terms of the provisions contained in Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2000 (hereinafter referred to as Act 2000) which was registered as BBC Case No.05 of 2008 for fixation of the rent which was disposed of vide order dated 28.11.2009, whereby and whereunder the rent of the premises has been fixed @ Rs.12 per sq. ft. against which an appeal was preferred before the Deputy Commissioner, Ranchi invoking the jurisdiction conferred under Section 24 of the Act, 2000 which was registered as BBC Appeal No.127R15/2008-09 and simultaneously another appeal was filed by the respondent no.4 being BBC Appeal No.128R15/2008-09 objecting the fixation of rent of the premises @ Rs.12 per sq.ft. The appellate authority vide order dated 14.12.2011 set aside the order dated 28.11.2009 passed in BBC Case No.5 of 2008 and directed the Rent Controller to hear the matter afresh, thereafter the proceeding was initiated on remand in respect of the original proceeding. The matter was heard on remand but in the meanwhile the new Act i.e Act 2011 came into being which became applicable with effect from 15.04.2015 in pursuance to the notification published in the gazette notification in terms of the provision of Section 1(3) of the said Act. The Sub-Divisional Officer cum Rent Controller has passed order dated 06.02.2015 determining the rent fixed @ Rs.25/ per sq. ft. and Rs.15/ per sq. ft. per month for the Mezzanine flore against which the petitioners have preferred an appeal being J.B.C Appeal No.6R15/2016-17 but the same has been dismissed and thereafter the petitioners have preferred revision before the revisional authority being J.B.C Revision No.22 of 2018 which is lying pending before the revisional authority.;