SUBHASH CHANDRA TANEJA Vs. COMMISSIONER PATNA DIVISION

JUDGEMENT

(1.) In this writ application the petitioner foas prayed for quashing of the orders dated 12-4-1981 and 19-7-1983, copies whereof are Annexures 5 and 6 respectively, to the writ-application. Under Annexture '5' the Col-lector, in exercise of powers under Section 16 (1) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1983 (Act 4 of 1983). hereinafter called the Act, has directed the tenant, the petitioner, to deposit arrears of rent as fixed by the House Controller as also monthly rent, as envisaged under the aforesaid provision. It has further been ordered that in case of failure to deposit the rent as ordered, action, as contemplated under Section 16 (2) of the Act, will be taken. In other words, the defence against the fair rent order shall be struck off. Anncxure '6' is the order of the Commissioner, whereby he has refused to grant the prayer for stay of the order of the Collector, a revision, application having been filed before the Commissioner against the order contained under Annexure 5.

(2.) Relevant facts may be stated : On 20-8-1980 a petition for fixation of fair rent under Section 5 read with Section 8 of the Act was filed. The Controller fixed the fair rent with effect from 20-5-1980 by order dated 28-11-1980. On 17-1-1981 the petitioner filed an appeal before the Collector. Ordinance No. 63 of 1982 called the Bihar Building (Lea.se, Rent and Eviction) Control Ordinance, 1982 was promulgated and published in the official gazette dated 5-11-1982. By Section 1 (3) of the said Ordinance, except for Section 28, the other sections of the Ordinance came into force with retrospective effect from 1-4-1981. The Ordinance was followed by Act 4 of 1983. The provisions of this Act also (except Section 28) came into force from 1-4-1981. On 9-12-1982 a petition was filed under Section 16 of the Act. The said application has been allowed under the order contained in An-nexure '5' on 12-4-1983 which, as already stated, is under challenge.

(3.) In order to appreciate the contention raised, it would be necessary to extract the whole of Section 16 of the Act. which is as follows :--