SHEO NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr.J.S.Arora, learned senior counsel for the petitioner and learned A.C. to A.A.G.-1 for the respondents.

(2.) The petitioner is aggrieved by the order passed by the House Controller, Danapur in Bihar Building Control Case No.3 of 2003 dated 11.3.2008 by which he has held that a proceeding under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the 'Act') was not maintainable before him with a further observation that if so advised, the petitioner may move before the Defence Estate Officer.

(3.) Learned counsel for the petitioner assails the order on the ground that the objection ought not to have been raised by the House Controller for various reasons, interalia, that in the past also there was a dispute with regard to fixation of fair rent between the parties and the matter travelled up to this Court, where it was affirmed. In all those proceedings the maintainability was never objected by any of the parties.