Suresh Prasad vs. The State Of Jharkhand

Facts

The petitioner, Suresh Prasad, filed a writ petition challenging a bill issued by the Jamshedpur Notified Area Committee (JNAC) for the month of May 2022, demanding a rent of Rs. 16,000/- plus GST of Rs. 2880/-, totaling Rs. 18,880/-. The petitioner argued that this represented an arbitrary increase of over 1000% from the previously paid rent of Rs. 200/- by Tata Steel JUSCO. The petitioner also challenged a letter dated 01.05.2022 from the Sub-Divisional Officer cum Rent Controller, Dhalbhum, Jamshedpur, which allegedly fixed the rent for Sakchi Bazaar shops, including the petitioner's, at an exorbitantly high rate without affording the petitioner an opportunity of hearing. The petitioner sought to quash these demands and orders, and for rent to be fixed following the procedure under the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011.

Held

The Court did not decide the merits of the case. After some arguments, the learned counsel for the petitioner sought permission to withdraw the writ petition. The petitioner was granted liberty to pursue their remedy before the Rent Controller, where similar proceedings were stated to be pending. The learned counsel for the respondents raised no objection to this withdrawal. Consequently, the writ petition was disposed of with the liberty granted to the petitioner. No specific finding was given on the legality or arbitrariness of the rent fixation or the demand notice. The Court did not address any specific provisions of the GST Act.

Key Issues

1. Whether the Bill No. JNAC/22-23/1047 dated 31.05.2022, demanding Rs. 18,880/- (including GST) for the shop of the petitioner for May 2022, is arbitrary and liable to be quashed, considering it represents a significant increase from the previously paid rent of Rs. 200/-, and was issued without notice or hearing, as per Section 7 of the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011. 2. Whether the letter dated 01.05.2022 issued by the Sub-Divisional Officer cum Rent Controller, Dhalbhum, Jamshedpur, fixing rent for Sakchi Bazaar shops, including the petitioner's, at an exorbitantly high rate, is liable to be quashed for being arbitrary and issued without affording the petitioner an opportunity of hearing, as per Section 7 of the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011. Petitioner's Contentions: The petitioner argued that the rent increase was arbitrary, excessive, and imposed without any basis or adherence to due process, specifically lacking notice and an opportunity to be heard. The petitioner relied on the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011, for the proper procedure of rent fixation. Respondents' Contentions: The judgment records no specific arguments made by the respondents.