RAMPATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for quashing of the order dated 3.4.2000, passed by the Commissioner, Patna Division, Patna in B.B.C. Revision Case No. 35 of 1997, contained in Annexure 8, whereby and whereunder delay of nearly 20 months in filing of the revision application has been condoned and the revision application has been admitted for hearing.

(2.) IN short, the relevant facts are that the petitioner is the owner of the house/premises bearing Holding No. 61, Ward No. 11 in the town of Bhabhua, District Kaimur. The said premises was let out to the Assistant Commissioner, Commercial Taxes (respondent no. 3) in the year 1978 as tenant. In the year 1984 the petitioner moved the House Controller under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982. hereinafter referred to as the Act, for determination of fair rent of the premises in question. The House controller called for a report from the Circle Officer, Bhabhua Block regarding prevailing rate of rent in the locality and on consideration of the enquiry report submitted by the Anchal Adhikari in detail, the House Controller, Bhabhua fixed Rs. 3,000/ - per month as the fair rent of the premises in question, vide order dated 23.8.1985 passed in Misc. Case No. 103/84.

(3.) RESPONDENT no. 3 again filed appeal against the said order before the Collector, Kaimur, whereupon the Collector remanded the matter back to the House Controller for re -determination and enhancement of the rent of the premises in accordance with law. Subsequently, on remand, the House Controller after examining the law and after taking into consideration all the facts, determined Rs. 3000/ - per month as fair rent, vide order dated 14.8.1995. Though the period of limitation for filing of the revision is only 15 days as provided under rule 7 of the Rules framed under the Act, the respondent authorities preferred revision on 11.4.1997 before the Commissioner, Patna Division and the same was registered as Revision Case No. 35/97. The said revision case was earlier dismissed in default on 8.5.1997 but on filing of the petition, it was restored, vide order dated 23.2.1998 and by the same order it was admitted for hearing.