PRASAD DARBHANGA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is directed against the orders marked Annexure -7 series to the writ petition, issued by the Agricultural Produce Market Committee, Darbhanaga (hereinafter referred to as "the Committee"), whereby the rental of the shops occupied by the petitioners and let out by the Committee has been enhanced. Nine petitioners have joined together to raise a common cause, inter alia, challenging enhancement of the rent of the shops allotted to them.

(2.) ALTHOUGH the formal orders relating to the petitioners are different, they raise a common cause. I will, therefore, state the facts only with respect to petitioner No. 1 (M/s. Mahendra Prasad, through its partner Mahendra Prasad), unless specifically indicated with respect to any other petitioner. The nine petitioners

(3.) WHILE assailing the validity of the impugned action, Mr. K.D. Chatterjee appearing for the petitioners has advanced only one submission. He submits that enhancement of rent is hit by the provisions of sec. 4 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as the Rent Control Act). In his submission, the Committee is governed by the Rent Control Act, and therefore, it can enhance the rent only by resorting to the provisions of sec. 4 of the Rent Control Act. He relies on the judgment of a learned Single Judge of this Court in Amrit Varsha Hindi Dainik V/s. Bihar State Agriculture Marketing Board 1999 (1) PUR 1. He further submits that the proposition of law for which he places reliance on this judgment has been upheld in appeal by a Division Bench of this Court in Amrit Varsha Hindi Dainik V/s. Bihar State Agriculture Marketing Board 2000 (2) PLJR 729. If it is held that the Committee is governed by the Rent Control Act, he submits, the Committee shall have to approach the authorities under the Act for enhancement of rent.