Premi Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.361 of 2015 ====================================================== Premi Sah son of late Ram Lakhan Sao, resident of mohalla- Samaspura , Police Station - Sarkheni, District- Vaishali; at present resident at "Prem Hotel" Rajendra Path, Police Station- Gandhi Maidan, town and district of Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Sub-Divisional Magistrate -com- House Controller, Patna Sadar, Patna.

2. Executive Magistrate, (House Controller), Patna Sadar, Patna.

3. Baswati Sarkar, wife of late Pradeep Sarkar, resident of mohalla- ' Beni Babu's Garden", Rajendra Path, P.S. Gandhi Maidan, Patna. .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ajay Prasad, Advocate For the Respondent/s : Mr. Sharad Kumar Sinha, GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-02-2015 Heard Mr. Ajay Prasad, learned counsel for the petitioner.

The petitioner questions the enquiry report dated 05.12.2014 submitted by the Executive Magistrate to the House Controller recommending an enhancement of rent from Rs. 65 to Rs. 75 per square feet.

It is not in dispute that the matter is pending before the House Controller in Case No. 69 of 2014 for fixing a fair rent and it is in this context that the enquiry has been conducted, which the petitioner terms as ex parte.

Be that as it may, since the matter is pending before the

Patna High Court CWJC No.361 of 2015 (2) dt.16-02-2015 House Controller, this Court would refrain from expressing any opinion and the writ petition is disposed of with liberty to the petitioner to raise all issues as raised herein before the House Controller during the course of the proceedings in Case No. 69 of 2014.

(Jyoti Saran, J) S.Sb/- U