JAINARAYAN PRASAD CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been referred to this Court by a Division Bench in view of divergence of views between two learned Single Judges on the construction of Section 8(1)(c) of the Bihar Buildings (Lease, R & E.) Control Act, 1982 (hereinefter referred to as the said Act).

(2.) Before resolving the aforesaid conflict of interpretation, this Court finds that in this writ petition a declaration has been prayed to the effect that proviso to Section 8 (1) (c) of the said Act is ultra vires. But there is no prayer for quashing or setting aside any order or proceeding. So it is not necessary for this Court to go over the facts as pleaded in the writ-petition more than what is noted below:

(3.) The petitioner claimed to be the owner of holding No. 48/1 to Holding No. 48/25 situated at Ashok Raj Path, Opposite B. N. College, Patna in the name of and style of M/s. Chaudhary Market. The said holding of the petitioner consists of 25 shops. The annual rental value of the said holding in the year 1978-79 was Rs. 1500/- and thereafter on re-assessment, the annual rental value was assessed at Rs. 3700/-. During the last annual general assessment year 1992 all the 25 shops bearing holding Nos. 48/1 to 48/25 were re-assessed and the annual rental value was revised. The said revised rental value is subject-matter of challenge in Misc. Appeal No. 71 cf 1988 before the 4th Additional District Judge, Patna.