SHRAWAN SINGH Vs. RAMEL SINGH

JUDGEMENT

(1.) Petitioner who is the absolute owner of the entire property bearing door No. 102, 4th Ward, Patel Nagar, Hospet, is seeking for quashing of both the intimation dated 7-1-2011 Annexure-E issued by 1st respondent and direction issued by 1st respondent to 3rd respondent vide communication dated 15-2-2011 Annexure-F where under petitioner has been called upon to execute lease deed for the period 19-8-2010 to 18-8-2015 by fixing the rent at Rs. 13,201.00 per month and for a mandamus to direct Respondent Nos. 1 to 3 to determine and fix monthly rent in respect of premises of the petitioner as per Fair Rent Certificate issued by Executive Engineer, Central Public Works Department, Hubli region dated 8-10-2010 Annexure-B.

(2.) I have heard learned counsel appearing for the parties. Perused the case papers including statement of objections filed by learned Central Government Standing Counsel today with the leave of the Court.

(3.) Having heard the learned counsel for the parties and after bestowing my careful attention to the rival contentions raised, I find that records would indicate that premises Bearing Door No. 102, 4th Ward, Patel Nagar, Hospet, first floor portion has been leased by petitioner to Central Excise Department about 35 years back and on mutual consent, rate of rent has been enhanced from time to time. The Executive Engineer, Central Public Works Department, Hubli, has issued a Fair Rent Certificate as per Annexure-B certifying that monthly rent of the premises in occupation of Central Excise Department would be Rs. 19,677.00 as per the recognised principle of valuation and according to the prevailing market rate, rate of rent would be Rs. 46,108.00 per month. It is also certified by him to the following effect: