Sujit Narayan Prasad, J. - (1.) The writ petition is under Article 226 of the Constitution of India, wherein order dated 09.08.2018, passed in J.B.C. Case No.42/2016 (Annexure-1), under Section 19 (1) (a) (c) (d) of Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011 by Rent Controller-cum-Sub-Divisional Magistrate, Ranchi is under challenge, whereby and whereunder, the decision not to give effect of delivery of possession to respondent No. 1, Mr. Prabhakar Gautam.
(2.) The contention of the petitioner is that he has preferred an appeal under Section 36 of the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011, but the appeal has not been decided, since the appellate authority is not holding the Court. Therefore, he although has preferred an appeal but due to reason beyond his control, the petitioner has invoked the extraordinary jurisdiction, conferred under Article 226 of the Constitution of India.
(3.) This Court, after hearing learned counsel for the petitioner on 14.01.2019, whereby and whereunder time was allowed to implead the Deputy Commissioner, Ranchi, who is the appellate authority under the statute as respondent to the instant writ petition. In pursuance thereto, interlocutory application has been filed and vide order dated 17.01.2019, the Deputy Commissioner, Ranchi alongwith Rent Controller-cum-Sub Divisional Magistrate, Ranchi have been directed to be impleaded as respondents to this writ petition.;