KEDAR NATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition the petitioner prays for issuance of writ of mandamus directing the respondents to make payment of arrears of rent in respect of the premises occupied by the respondents.

(2.) PETITIONER 's case is that the respondents have taken the premises in question on rent where the office of respondent No. 5 namely 'Rural Electric Supply Sub Division' is functioning. It alleged that the Sub Divisional Magistrate fixed the rent at the rate of Rs. 1150/ - p.m. and respondent No. 3, Superintending Engineer Daltonganj Electric Supply Circle, recommended for payment of rent. Accordingly rent for the period 10.1.1991 to 31.3.1994 and 1.4.1994 to 31.3.1996 was sanctioned but the same is not being paid inspite of repeated requests and reminders.

(3.) IT has not been disputed by the petitioner that a contract of tenancy was created whereby the respondent was put in possession as a tenant. It has also not been disputed that the petitioner approached the Rent Controller for determination of rent and rent was determined under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act. The said Act not only lays down the provisions for determination of fair rent but also provides that in the event of non -payment of rent, the landlord may evict the tenant by filing a suit and can also seek a direction for deposit of entire arrears of rent. Learned counsel for the petitioner has not disputed that alternative statutory remedy is provided under the said Act. The only contention of the petitioner is that since the amount of rent has been sanctioned, a direction can be issued and the writ jurisdiction is the only efficacious remedy. I am unable to accept the contention of the petitioner.