BIRENDRA KUMAR SINGH Vs. THE JHARKHAND STATE

JUDGEMENT

(1.) The orders impugned are as follows :

(2.) Apparently, the proceedings in B.B.C Case no. 10 of 2005 instituted for fixation of fair rent by respondent no. 5 herein has taken about ten years in its journey from the Original Court to Revisional Court, where after challenge has been made in the present matter to the orders by aggrieved tenant in Sept., 2015. It would also not be out of place to mention here that B.B.C Case was first decided by order dated 13th Dec., 2006 in favour of the landlord, which led to Appeal no. 65 of 2007 by the aggrieved tenant (petitioner herein). Apparently, on the first instance, the rent controller had computed wholesome rent for the premises in question being Holding no. 589 on Plot no. 853 under Ward no. XIII of Chutia Thana, Mauza Niwaranpur instead of determining the rate of fair rent permissible in that area. On remand, again on 3rd Dec., 2007, the rent controller passed an order fixing fair rent at the rate of Rs.6/per sq. ft. for covered area and Rs. 2/per sq. ft. for open area while Rs.1/per sq. ft for Bathroom. In between, the petitioner had gone before the Commissioner, South Chotanagpur Division being aggrieved by the order of remand passed by the Appellate Authority. That H.R.C Revision no. 107 of 2007 was dismissed as infructuous in view of the fresh determination made by the rent controller. Petitioner being aggrieved by the order of Revisional Authority approached this Court in W.P.(C) No.6358 of 2010, which was decided vide judgment dated 14th Jan., 2011 (Annexure 1) observing that the order passed by the rent controller on 3rd Dec., 2007 is also appellable. This Court however found no merit in the writ petition and refused to preempt the decision of the court below. The writ petition was disposed of with liberty to the petitioner to approach the appropriate forum under the Act with an observation that he can make application for condonation of delay as evidently he was pursuing other remedy. Thereafter, petitioner preferred B.B.C Appeal no. 55/R15/ 201011 being aggrieved by the rent fixation order dated 3rd Dec., 2007. The Appellate Authority-cum-Deputy Commissioner, Ranchi remanded the matter to rent controller vide order dated 28th April, 2011 holding that the rent of the premises in question has been fixed on the basis of inquiry report of Executive Magistrate without hearing the parties. The rent controller was directed to fix the fair rent of the premises in question afresh keeping in view the area occupied by the tenants after hearing all the parties and giving them sufficient hearing on the spot inquiry. After the second remand effectively, the impugned order dated 16th Sept., 2011 has been passed by the respondent no. 3 fixing fair rent of the premises at the rate of Rs. 6.50 per Sq.Ft. for the area of 429 Sq. Ft. and Rs. 50 per Sq. Ft. for the area of 171 Sq. Ft which is in common use. That has been upheld by the appellate authority and revisional authority as well.

(3.) Learned Senior Counsel for the petitioner has assailed the impugned decision inter alia on the following grounds: