LAXMI PRASAD CHAUHAN Vs. AJAI KUMAR

JUDGEMENT

(1.) HEARD Mr. Ganesh Pd. Singh, learned counsel for the appellant, and Mr. Lalit Kishore, learned Advocate General No. Ill for the State.

(2.) THIS appeal is directed against order dated 19.8.2005* passed by a learned single Judge of this Court in C.W.J.C. No. 2356 of 2001, whereby and whereunder the writ application was disposed of with a direction to respondent no. 5, the landlord, to pay a sum of Rs. 20,000.00 to the writ petitioner by way of compensation towards damages caused to him and at the same time the learned single Judge directed the appellant also to pay a sum of Rs. 20,000.00 to the writ petitioner. The learned single Judge also directed the Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna to look into the conduct of respondent no. 2 (the appellant) in relation to the matter in question and to take appropriate departmental proceeding against him. In the event, the decision is not taken to initiate such proceeding, the Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, shall file an affidavit within a month from the date of order.

(3.) IT appears from the order impugned that the landlord, respondent no. 1, approached the appellant with a request to remove the tenant, the writ petitioner, from the shop premises in question for purpose of effecting repairs thereto. The appellant issued notice to the writ petitioner, which was answered by the tenant contending therein that the Controller (the appellant) was not the competent authority to act upon the prayer made by the landlord in exercise of power under section 9 of the Act.