SHIRESHWAR PRASAD NARAIN SINGH Vs. BRAJ KISHORE SINGH

JUDGEMENT

(1.) This application is directed against the order dated the 1st February, 1977 passed by the learned Chief Judicial Magistrate, Samastipur taking cognizance of an offence under section 20 of the Bihar Buildings (Lease Rent and Eviction) Control Act, 1947 (Bihar Act 3 of 1947) (hereinafter referred to as 'the Act') against the petitioner.

(2.) The petitioner is the landlord of a building situate in one of the localities in the town of Samastipur and the complainant is his tenant. On the 24th November, 1976 the tenant filed a complaint before the Chief Judicial Magistrate, Samastipur alleging that one of the amenities which was available to him in the house under his tenancy, bad been suddenly discontinued by the landlord. That amenity was supply of electrical energy in the house. According to the tenant even when the Electricity Department came to restore the electric connection in the house of landlord did not permit it to be done. According to the complaint such an act on the part of the landlord clearly contravened the provisions of the said Act and that, therefore, the landlord was liable to be punished.

(3.) The learned Chief Judicial Magistrate, after observing the due formalities in respect of the petition of complaint, observed that no doubt la terms of section 10 of the Act the tenant is required to approach the "House Controller for getting the amenities restored but that provision by itself does not shut out a complaint being directly made to his Court, complaining of an offence punishable under section 20 of the Act. He, therefore has taken cognizance.