RAM PATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing of the order, dated 3.4.2000, passed by the Commissioner, Patna Division, Patna in B.B.C. Revision Case No. 35 of 1997, contained in Annexure 8, whereby and whereunder, delay of nearly 20 months in filing of the revision application has been condoned and the revision application has been admitted for hearing.

(2.) In short, the relevantfacts are that the petitioner is the owner of the house/premises bearing Holding No. 61, Ward No. 11 in the town of Bhabhua, District Kaimur. The said premises was let out to the Assistant Commissioner, Commercial Taxes (respondent No. 3) in the year 1978 as tenant. In the year 1984, the petitioner moved the House Controller under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as "the Act") for determination of fair rent of the premises in question. The House Controller called for a report from the Circle Officer, Bhabhua Block regarding prevailing rate of rent in the locality and on consideration of the inquiry report submitted by the Anchal Adhikari in detail, the House Controller, Bhabhua fixed Rs. 3,000/- per month as the fair rent of the premises in question, vide order, dated 23.8.1985 passed in Misc. Case No. 103/84.

(3.) Respondent No. 3 preferred an appeal before the Collector, Kaimur in which the parties agreed for Rs. 1,500/-per month as rent of the premises in question with a condition for further enhancement of rent as and when deems to be necessary. The premises contained ten rooms of respectable size, a court-yard, two verandah, both room and toilet covering a carpet area of about 2,500 square feet. As mere was considerable increase in the size of the premises and their repair and maintenance has also gone up, the petitioner filed a petition before the House Controller for determination of the fair rent, vide Misc. Case No. 4/92-93. The House Controller after considering all aspects determined Rs. 3,000/- per month as fair rent with effect from 1.8.1992, vide order, dated 29.9.1992.