NAUSHAD KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder order 23.01.2017 passed in H.R.C. Case No. 15/2015 has been challenged, inter alia on the ground that once the Rent Controller, in exercise of power conferred, adjudicated the issue, cannot review his own order by recalling the earlier order passed.

(2.) It is the case of the petitioner, who is the tenant and in whose favour shops have been sub-letted by the Committee, respondent nos. 4 to 6, that the basic amenities, which were to be given to the shops in question have been denied without resorting to any appropriate proceeding under the prevalent law, which led the petitioner to approach the S.D.O-cum-Rent Controller by filing H.R.C. Case No. 15/2015 and after hearing the parties, the order dated 10.07.2015/03.08.2015 has been passed whereby and whereunder the S.D.O-cum-Rent Controller has directed to forthwith restore the electricity connection of the shop of the petitioner. However, when order dated 10.07.2015/03.08.2015 was not complied with by the Opposite Parties, the petitioner had filed an application dated 18.09.2015 under Section 40 of the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011, upon which, the S.D.O-cum-Rent Controller vide order dated 03.08.2016 came to the conclusion that for non-compliance of interim order dated 10.07.2015/03.08.2015, the Opposite Parties are liable to be sentenced for a period of three months and further liable to pay fine of Rs. 3000/-. Accordingly, notice was directed to be issued upon the Opposite Parties as to why such imprisonment and penalty be not inflicted upon them.

(3.) The S.D.O-cum-Rent Controller, Dhalbhum, Jamshedpur subsequent to the aforesaid order has passed order dated 23.01.2017, by which the earlier orders dated 10.07.2015/03.08.2015 and 03.08.2016 have been recalled, against which, the present writ petition has been filed.