SUDEB MUKHERJEE Vs. ASSISTANT ENGINEER

JUDGEMENT

(1.) THE Judgment of the Court was as follows : In the instant revisional application under Article 227 of the Constitution order dated 26.11.2009 passed by the learned Rent Controller, Siliguri in Rent Control Case No. 12 of 2003 arising out of an application under Section 20 read with sub-section 4A of Section 17 of the West Bengal Premises Tenancy Act, 1997, as amended, has been assailed.

(2.) LEARNED Lawyer for the petitioner submits that the learned Rent Controller considered the basis of a put up petition on 26.11.2009. On that date the learned Advocate for the petitioner stated that the opposite party as well as the GP attended before the Court and the opposite party (Assistant Engineer, Survey Sub Division-ll, Public Health Engineering Directorate, Station Feeder Road (S.F. Road), Siliguri agreed before the Court to pay fair rent and the then Rent Controller has been pleased to pass order for fair rent as per norms of WBPT Act. LEARNED Advocate for the petitioner further stated that the then Rent Controller did not fix the rate of actual rent in his order dated 12.03.2009 and so he had prayed before the Rent Controller to pass order specifying the exact amount of rent to be paid by the opposite party. After due consideration of the above circumstances the learned Rent Controller by his order dated 26.11.2009 held that necessary instruction is required from the learned Legal Remembrancer, West Bengal on the following points : a) Jurisdiction of Rent Controller under Section 17(4 A) where the tenant opposite party is Government Department; b) Once order passed for fair rent what can be done by the subsequent Rent Controller AND c) Whether the rent will be fixed by the Rent Controller or LA Collector.

(3.) IT is further contended that the Government of West Bengal for the purpose of establishing office of Assistant Engineer, Survey Division-ll Public Health Engineering Directorate hired the aforesaid premises on 01.10.1982 from its owner Smt. Sudha Rani Mukherjee which will be reflected from Letter No. 103/SD dated 24.09.1982 of the Executive Engineer, Survey Division Public Health Engineering Directorate. Such tenancy was inducted on the basis of fair rent certificate issued by the Deputy Commissioner, Darjeeling under his Memo No. 1557/LA dated 02.07.1982 at the rate of Rs. 819/- only per mensem. Therefore, the present opposite party being the Assistant Engineer is not at all the real tenant and the rent has been paid upto September, 2003 on 10.03.2004 to the house owner.