Jharkhand High Court
R I T Building Shopkeeper Association ... vs Ranchi Regional Development Authority ... on 4 April, 2016
Author: D.N. Patel
Bench: D.N.Patel
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. NO.5180 of 2015
With
I.A.NO.4227 of 2015
With
I.A.NO.6130 of 2015
With
I.A.NO.6222 of 2015
In
L.P.A. No. 68 of 2015
1.R.I.T. Building Shopkeeper Association through its president Anand Kothari , son of late Shri Surendra Singh Kothari Office at Court compound RIT Building, Ranchi PO, PS and Dist. Ranchi
2. Anand Kumar Son of late Surendra Sahu
3. Ramnandan Singh, Son of late M.S. Singh
4. Raghunath Mahto, son of Adityanath Mahto
5. M/s Farm Input and Output Pvt. Ltd. through its Director, Rashmi Agarwal wife of Sumit Agarwal
6. Ajit Kothari son of late Surendra Singh Kothari
7. Smt. Sobha Singh Wife of Ramnandan Singh
8. Jagdish Mahto son of late Kashinah Mahto
9. Anand Kothari, son of late Surendra Singh Kothari
10. Rupashri Kothari wife of Anand Kothari
11. Mohan Kumari Kothari wife of late shri Surendra Singh Kothari All Sl. no. 2 to 11 have office at RIT Building court compound, Ranchi Po PS and Dist. Ranchi ...Appellants Versus
1. Ranchi Regional Development Authority, Ranchi through its Vice President Office at Vikash Bhawan, Court Compound, Ranchi, PO, PS and Dist. Ranchi
2. The Estate Officer, Ranchi Regional Development Authority, Ranchi at Vikash Bhawan, Court Compound, Ranchi, PO, PS, and Dist. Ranchi ...
Respondents CORAM: HON'BLE MR. JUSTICE D.N.PATEL HON'BLE MR. JUSTICE AMITAV K. GUPTA For the Appellants : M/s Biren Poddar, Sr.Advocate, Darshana Poddar, Mahendra Choudhary, Deepak Sinha, Piyush Poddar, Advocates For the Respondents : Mr. Prashant Singh, Advocate th 13/Dated: 4 April, 2016 Per D.N. Patel, J.:
1. This Letters Patent Appeal has been preferred by the original petitioners against the order dated 18.12.2014 passed by the learned Single Judge, in W.P. (C) no. 3423 of 2013.
2. Learned counsel appearing for both sides have jointly submitted that for fixation of rent of the shops in question, there is already an authority available with the original petitioners, who is the Rent Controller/ Sub Divisional Officer, Ranchi, who will fix the rent under Sections 11 and 12 of the Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011.
3. Thus, it is jointly submitted by both sides that let this Letters patent Appeal be treated as an application before the Rent Controller/ Sub Divisional Officer, Ranchi, for fixation or enhancement of the rent.
4. In view of the limited submission, this Letters Patent Appeal along with annexures and further affidavits shall be taken as an application by these petitioners/appellants before the Rent Controller/ Sub Divisional Officer, Ranchi, who will fix or enhance the rent under Sections 11 and 12 of the Act, 2011 without being influenced by the observation made by the learned Single Judge in W.P. (C ) no. 3423 of 2013. The decision will be taken by the Rent Controller/ Sub Divisional Officer, Ranchi, on its own ,on the merit of the application, in accordance with law, rules and regulations, etc. and on the basis of the evidence on record and after giving adequate opportunity to both the parties.
5. Both the parties are permitted to adduce further evidence before the aforesaid authority for fixation or enhancement of the rent.
6. Learned counsel for both sides jointly submitted that they will co operate before the Rent Controller/ Sub Divisional Officer, Ranchi.
7. Interim relief granted by this Court vide order dated 27 th October, 2015 shall continue to be operative till the Rent Controller/ Sub Divisional Officer, Ranchi, decides the applications of the petitioners/appellants by him.
8. With this observation this Letters Patent Appeal is disposed of.
9. In view of the final disposal of the Letters Patent Appeal, I.A. Nos.
5180 of 2015, 4227 of 2015, 6130 of 2015 and 6222 of 2015 are hereby disposed of.
(D.N. Patel, J.) (Amitav K. Gupta, J.) Biswas/Tarun