LAWS(CAL)-1999-6-15

AJOY KUMAR RATHOD Vs. UNION OF INDIA

Decided On June 18, 1999
AJOY KUMAR RATHOD Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Brief facts leading to the filing of the instant writ application are that: the petitioners are the landlords of the premises being third and fourth floors and two servants quarters at premises No. 4, Kiran Sankar Roy Road, Calcutta. The Commissionerate of Central Excise, Respondent No. 8 herein are the tenants of the premises in question. According to the petitioners, the respondents are under obligation to reassess the rent every five (5) years. According to the petitioners they applied for revision of rent. The Hiring Committee determined the rent at the rate of Rs. 5.94 paise per sq. ft. for the period commencing from 1.7.85 (1st reassessment) and the Excise authorities paid the rent at the revised rates.

(2.) According to the petitioners, the revision of rent was delayed and that the second re-assessment of rent falls due on 1st September, 1987. By a letter dated 24.8.1987 request was made for re-assessment with effect from 1.9.1987.

(3.) The petitioners request for second revision of rent was forwarded to CPWD for necessary action by the Central Excise Authorities.