2025:JHHC:26861 1 W.P.(C) No. 927 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 927 of 2025 Brijesh Singh @ B. Singh, Son of Birendra Singh, aged about 40 years, Resident of Ward No. 77, Paten Nagar Road, Near Gyan Ganga School, Suhagi Maharajpur, Andhuwa P.O. and P.s.- Andhuwa, District- Jabalpur, State-Madhya Pradesh ….........Petitioner(s) Vrs. 1.The State of Jharkhand 2.Sushila Singh, Wife of Late B.N. Singh, resident of Ram Janam Singh Kunj, Road No. 2, Contractors Area, P.O. and P.S.- Bistupur, Town Jamshedpur, District- East Singhbhum, State-Jharkhand 3.Dilip Kumar Singh, Son of Late D.P. Singh, resident of Ram Janam Singh, Kunj, Road No.2, Contractors Area, P.O. and P.S.-Bistupur, Town Jamshedpur, District- East Singhbhum, State- Jharkhand .......... Respondent(s) ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Parambir Singh Bajaj, Advocate For the Resp.-State : Mr. Kumar Pawan, AC to SC(Mines)-III For the Resp. No. 2 : Mr. Kirtivardhan, Advocate Mr. Mr. Aditya Aman, Advocate Mr. Rishi Ranjan Vats, Advocate 05/04.09.2025 The writ petition has been filed for the following relief(s): “(a) For issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of certiorari for quashing order dated-31/07/2024 (Annexure-4 Series) passed by Learned Court of Sub-Divisional Magistrate- cum-House Rent Controller, Dhalbhum, Jamshedpur in H.R.C. Case No. 18 of 2024 whereby and whereunder the Learned Court was pleased to grant last chance to the petitioner to produce witness; (b) For issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of certiorari for quashing order dated-05.09.2024 (Annexure-4 Series) passed by Learned Court of Sub-Divisional Magistrate- cum-House Rent Controller, Dhalbhum, Jamshedpur in H.R.C. Case No. 18 of 2024 whereby and whereunder the Learned Court was pleased to close the evidence of first 2025:JHHC:26861 2 W.P.(C) No. 927 of 2025 party (Respondent No. 1 herein) and put up the case being H.R.C. Case No. 18 of 2024 for argument; AND (c) For issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of certiorari for quashing of order dated 11.12.2024 (Annexure-3) passed by the Learned Court of Sub-Divisional Magistrate-cum- House Rent Controller in H.R.C. Case No. 18 of 2024 to the extent that the Learned Court rejected the prayer of the petitioner (opposite party in H.R.C. Case No. 18 of 2024) to adduce evidence in H.R.C. Case No. 18 of 2024 on the basis of notes dated 31.07.2024; AND (d) For issuance of an appropriate writ(s)/order(s)/direction(s) commanding the respondent- authority to permit the petitioner to adduce evidence in H.R.C. Case No. 18 of 2024 now pending in the Learned Court of Sub-Divisional Magistrate-cum-House Rent Controller; AND/OR (e) During the pendency of the instant writ petition, further proceeding of H.R.C. Case No. 18 of 2024 pending before the Learned Court of Sub-Divisional Magistrate-cum-House Rent Controller be stayed.” 2. The present writ petition has been filed taking the plea that intervention petition has been filed and petitioner has also lent support to the alleged intervenor, who is party- Respondent no.3 3. It has been submitted that since intervention petition was pending and as such, petitioner has not led evidence. It is admitted position that petitioner has been given opportunity. 4. The rent agreement is on record, which clearly suggest that 2025:JHHC:26861 3 W.P.(C) No. 927 of 2025 Respondent no.3 is alien. It further appears that Respondent no.3 has filed intervention petition but has not made any complaint before this Cout. 5. Thus, it appears that petitioner is taking excuse for lingering the matter. 6. It is settled principle of law that once an entry is made into the premises on the basis of rent agreement then the capacity of the land- lord cannot be disputed by the renter. 7. In that view of the matter, I find no reason to entertain the present writ petition. 8. Accordingly, the present writ petition is dismissed. (Rajesh Kumar, J.) A.Mohanty