Dismissed¶27

Purusottam Kumar Yadav v. the State of Jharkhand

Jharkhand HC6 May 2026WPC/3357/2026

Case brief

AI extract

What is this about?

Execution of rent-control orders refused via Article 226 writ; High Court of Jharkhand holds it is not an executing Court for Rent Controller/Appellate Authority orders; Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011 Sections 39 (execution mechanism) and 40 (penalties) pointed out as sufficient in-Act remedies; Godda; Eviction Suit No.01/2017; R.M.A. No.22/2019-20; writ petition dismissed.

What did the court decide?

This Court is not an executing Court of the orders passed by the Rent Controller or the Appellate Authority, nor can Article 226 of the Constitution be exercised for the purpose of executing such orders. ¶24

Purusottam Kumar Yadav Vs the State of Jharkhand — Writ and Judicial Review | Jharkhand HC (2026)

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2026:JHHC:13393

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 3357 of 2026

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Purusottam Kumar Yadav, S/o Late Adhik Lal Marik, R/o Shivpur, Ward No.2, PO-Godda, PS-Godda (Town), Dist-Godda, Jharkhand.

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… … Petitioner(s)

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Versus

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The State of Jharkhand.

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The Deputy Commissioner, Godda, PO, PS & Dist-Godda, Jharkhand.

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The Sub-Divisional Officer-cum-Sub Divisional Magistrate, Godda, PO, PS & Dist-Godda, Jharkhand.

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The Circle Officer, Godda, (Sadar) PO, PS & Dist-Godda, Jharkhand.

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Most. Krishna Devi, W/o Late Shankar Sah @ Shankar Mistri.

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Munna Sah.

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Ganeshi Sah.

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Lakshaman Sah.

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Mahesh Sah.

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Respondent No.6 to 9 are son of Late Shankar Sah @ Shankar Mistri,

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Respondent No.5 to 9, resident of Mohalla Rautara Near Rahkutchery Park, Town Godda, PO-Godda, PS-Godda (Town), District-Godda, Jharkhand. … … Respondent(s)

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CORAM : SRI ANANDA SEN, J.

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------

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For the Petitioner(s) : Mr. Manoj Kr. Sah, Advocate For the Respondent(s) : Mr. Suraj Prakash, Advocate

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------

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02/ 06^th May, 2026

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1. By filing this writ petition, the petitioner has prayed to execute the order dated 11.09.2019 and order dated 04.08.2021 passed by the learned Sub-Divisional Officer-cum-Sub Divisional Magistrate, Godda/Rent Controller as well as the order passed by the Deputy Commissioner, Godda in Eviction Suit No.01/2017 and R.M.A. No.22/2019-20, respectively.

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2. Learned counsel submits that the proceeding is under the Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011 which is not being executed by the respondents, thus this Court should execute the same.

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3. The prayer made by the petitioner cannot be accepted, as this Court is not an executing Court of the order passed by the Rent Controller or the Appellate Authority nor Article 226 of the

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2026:JHHC:13393

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Constitution can be exercised for the aforesaid purpose. 4. Furthermore, Section 39 of the Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011 provides the mechanism to execute an order of the Controller, Appellate Authority and the Commissioner. Section 40 also prescribes for penalties. Thus, since there are sufficient provisions in the Act itself, I am not inclined to entertain this writ petition, thus, this writ petition is dismissed .

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(ANANDA SEN, J.)

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06.05.2026 S.K.D/CP-2

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Uploaded on 11.05.2026

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Purusottam Kumar Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Purusottam Kumar Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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