2025:JHHC:31169-DB -1 of 3- IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No.270 of 2024 Pradeep Kumar Sablok, aged about 65 Yrs. S/o Late Ramlal Sablok, resident of 57, Golmuri Market, P.O. and P.S. Golmuri, Jamshedpur, District East Singhbhum, Jharkhand – 831003 ... Appellant Versus 1. State of Jharkhand 2. Commissioner (Singhbhum) Kolhan Division, Chaibasa, having its Office at Chaibasa, P.O. Chaibasa, P.S. Sardar, Singhbhum West, Jharkhand. 3. Dy. Commissioner, Singhbhum East, having its office at P.O. & P.S. Bistupur, Singhbhum East, Jharkhand 4. Sub-Divisional Officer cum House Rent Controller, Dhalbhum, Singhbhum East, having its office at P.O. & P.S. Bistupur, Singhbhum East, Jharkhand. 5. Shikha Roy, D/O of Late Sailendranath Sarkar, Resident of 36/1 A J.K. Mitra Road, Belgachia, S.O., P.O. & P.S. Belgachia, District - Kolkata, West Bengal – 700037. 6. Amit Sarkar, Son of Late Sailendranath Sarkar, resident of H. No.-3, Golmuri Main Road, Besides Bihar State Co-operative Bank, P.O. & P.S. Golmuri, District East Singhbhum, Jharkhand 831003 7. Sudipta Sarkar, Son of Late S.N. Sarkar resident of H. No.-3, Golmuri Main Road, Besides Bihar State Co-operative Bank, P.O. & P.S. Golmuri, District - East Singhbhum, Jharkhand - 831003 8. Papia Mitra, Daughter of Late Sailendranath Sarkar, resident of Chakraberia Road North P.O. & P.S. L.R. Sarani S.O., District Kolkata, West Bengal - 700020 ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Appellant : Mrs. (Dr.)Vandana Singh, Advocate Mr. Abhijeet Kr. Singh, Advocate. Mr. Shashank Kumar, Advocate. For the State : Mr. Manish Mishra, G.P.-V. Mr. Raunak Sahay, A.C. to G.P.-V. For Resp. Nos. 5 to 8 : Mr. Jitendra Nath Upadhyay, Advocate. --------- 10/Dated: 08.10.2025 1. Heard the parties. 2. It is not in dispute that at the time when the proceedings had commenced, the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011 (in short “Act, 2011”) was not in force and the proceedings was in fact being carried out strictly in terms of the Jharkhand Building 2025:JHHC:31169-DB -2 of 3- (Lease, Rent & Eviction) Control Act, 2000. However, the appellant herein filed a revision petition before the Divisional Commissioner, Kolhan Division, Chaibasa who erroneously relying upon the provisions of the Act, 2011 instead of relying upon the provisions of the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2000, set aside the orders of the Rent Controller and that of the appellate authority, which had been passed in favour of the private respondents herein. This led to the private respondents to file W.P. (C) No. 6510 of 2018 before this Court. 3. The learned writ Court solely on the basis of the order passed by the Divisional Commissioner, Kolhan Division, Chaibasa having relied upon the provisions of the Act of 2011, which had not come in force at the time of the institution of the proceedings, proceeded to quash the order in its entirety and allowed the petition. The grievance of the petitioner herein, is that no doubt the order passed by the Divisional Commissioner, was not sustainable in the eyes of law but then the matter ought to have been remanded back to the Divisional Commissioner with a direction to apply the effective provisions of law in the manner as has been done by the writ Court being in agreement with the contentions raised by the appellant, as it is more than settled that in case the jurisdiction has been wrongly exercised by an authority, the order may not be supportable but then the proceedings cannot be quashed or given quietous on this pretext alone. This is important because it has not been denied by the respondents that the appellant in any event had a right to file a revision petition even if the order passed by the Rent Controller as affirmed by the appellate authority was against the appellant. 2025:JHHC:31169-DB -3 of 3- 4. In the given facts and circumstances, we deem it appropriate to modify the order passed by the learned writ Court by remitting the matter back to respondent No. 2 with a direction to decide the revision petition strictly in accordance with the provisions of the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2000. It goes without saying that we have made no observation on the merits of the case and the Divisional Commissioner, Kolhan Division, Chaibasa shall proceed to decide the case totally without being prejudiced by any observation made herein. The parties to appear before the respondent No. 2 on 19.11.2025. 5. With the aforesaid observations and directions, this Appeal stands disposed of. Pending Interlocutory Application, if any, stands disposed of. (Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) 08.10.2025 N.A.F.R. APK/VK