AI Structured Summary
Not yet generated for this judgment
Judgment
Sheel Nagu, J.—This petition under Article 226 of the Constitution of India assails the order dated 17.10.2012 passed by the Sub Divisional Officer-cum-Rent Controlling Authority, Ganj Basoda, (for brevity "SDO-cum-RCA") whereby the application of the landlord/respondent no. 4 preferred u/s 18 of the M.P. Kirayedari Parisar Adhiniyam, 2010 (for brevity "Adhiniyam of 2010") has been allowed directing the petitioner/tenant to pay arrears of rent @ Rs. 1000/- per month from October, 2005 till date and to vacate the premises in question within one month and handover vacant possession to the landlord/respondent no. 4, failing which the petitioner/tenant be evicted by applying force. The arguments of counsel for the rival parties are heard.
The solitary contention of the learned counsel for petitioner/tenant is that the M.P. Kirayedari Parisar Adhiniyam, 2010, under which the order impugned herein has been passed, has not come into operation yet and, therefore the provisions contained therein could not have been invoked by the SDO-cum-RCA and, therefore it is his contention that the impugned order is a nullity in law.
The factum of the Adhiniyam, 2010 having not come into force has not been denied by the learned counsel for landlord/respondent no. 4 and also the counsel for State. In view of the abovesaid consensus of the rival parties on the point of applicability of Adhiniyam, 2010, this Court need not go into the merits of the matter and is, therefore inclined to allow this writ petition under Article 226 of the Constitution of India in the following terms:-
(1) The impugned order dated 17.10.2012 (Annexure P/1) passed by the SDO-cum-RCA is set aside;
(2) The SDO-cum-RCA is directed to first decide upon its jurisdiction for trying an application u/s 18 of the Adhiniyam of 2010 within a period of two months from the date of receipt of a copy of this order;
(3) In case the SDO-cum-RCA decides that it has no jurisdiction, then the parties can very well avail the remedy available to them under the M.P. Accommodation Control Act, 1961 or any other applicable statute as the case may be.
(4) The SDO-cum-RCA is further directed to decide the question of jurisdiction as aforesaid by a speaking order after affording due and sufficient opportunity to the rival parties;