MAHENDRA PRASAD 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.) MR . Ram Janam Ojha submits in support of the impugned order that the Committee is not governed by the provisions of the Rent Control Act and is, therefore, free to enhance the rent. He next submits that there has been no retrospective enhancement of rent. The correct position is that the rent had been provisionally fixed at the inception and some time was taken in finally fixing the rent. He has relied on a number of judgments of this Court.