LAWS(PAT)-2002-5-24

AYODHYA PRASAD Vs. STATE OF BIHAR

Decided On May 07, 2002
AYODHYA PRASAD Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD Mr. K.D.Chatterjee for the petitioners, learned G.P.I. for respondent no.1, and Mr. Ram Janam Ojha for respondent nos. 2 and 3. This writ petition is directed against the orders marked Annexures -3 series to the writ petition, issued by the Agricultural Produce Market Committee, Muzaffarpur, (hereinafter referred to as 'the Committee ') whereby rental of the shops occupied by the petitioners and let out by the Committee has been enhanced. 27 petitioners have joined together to raise a common cause inter alia, challenging enhancement of the rent of the shops allotted to them.

(2.) LEARNED counsel for the petitioners has advanced elaborate submissions in support of the writ petition which can be divided into two parts. In so far as the first part of his submission that the Committee should resort to the provisions of section 4 of the Bihar Buildings (Lease, Rent & Eviction) Control Act (hereinafter referred to as the Rent Control Act ') for enhancement of rent is concerned, the same is covered by my judgment dt. 3.5.2002 in C.W.J.C. No. 2109 of 2002, [2002(2) PLJR 720] wherein I have held that the Committee is a local authority within the meaning of section 32 of the Rent Control Act and is, therefore, beyond the purview of the same. The contention is accordingly rejected.

(3.) IN that view of the matter, this writ petition is dismissed.