DAYALJI MADHAVJI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER seeks writ in the nature of certiorori for quashing the order dated 29.10.1995 passed by respondent No. 3, Deputy Commissioner, Dhanbad and also order dated 20.1.1995 passed by respondent No. 2 Commissioner, North Chhotanagpur Division. Hazaribagh in a proceeding for determination of fair rent under the provisions of Bihar Building (Lease, Rent and Eviction) Control Act, 1982 and further for a direction upon respondent No. 5 to pay all the rents so fixed by respondent No. 4 Sub -divisional Officer -cum -Rent Controller, Dhanbad.

(2.) PETITIONER is landlord of the building situated at Katras Rajgunj Road, Katrasgarh in the district of Dhanbad. Respondent No. 5 is a tenant in respect of a portion of the building premises. In 1990, petitioner filed application against several tenants occupying building premises including the petitioner for determination of fair rent. The application filed against respondent No. 5 was numbered as HRC Case No. 35/1990. The Sub -divisional Officer -cum -Rent Controller, Dhanbad before whom the case was transferred, finally disposed of the application by passing a reasoned order 12.8.1991 determining the fair rent of the premises in occupation of respondent No. 5 at the rate of Rs. 150/ -per sq. feet.

(3.) I have heard Mr. Rajendra Prasad, learned counsel for the petitioner and the learned counsel for the respondents. No. one appears on behalf of respondent No. 5 inspite service of notice.