Rakesh Tiwari, J. - (1.) HEARD learned Counsel for the parties and perused the record. It appears from record that an agreement was entered into between the parties for taking the building, in dispute by the Sales Tax Department for a period of five years w.e.f. 6.6.1996 to 5.6.2001 at the rate of Rs. 2.50 per sq. ft. On expiry of the agreement, Sales Tax Department advertised that they require a building on rent. The petitioner offered his building again at the rate of Rs. 5/ - per sq. ft. which was accepted by the Sales Tax Department, appended as Annexure -2 to the writ petition.
(2.) AFTER accepting the offer of the petitioner, the Sales Tax Department wrote to the District Magistrate, Hathras for issuing proprietary certificate. The District Magistrate, in turn, ordered that the building may be taken on rent at the rate of Rs. 3.50 per sq. ft. Aggrieved, the petitioner filed the instant writ petition wherein High Court, vide order dated 31.1.2001 directed that as an interim measure, Rs. 4/ - per sq. ft. may be paid to the petitioner by the Sales Tax Department as rent of the building. Subsequent to the passing of the order by the High Court, an agreement dated 5.6.2001 was entered into between the parties continuing the tenancy subject to the decision in the writ petition for a period of five years. The agreement also expired on 5.6.2006 after lapse of five years.
(3.) IT may be noted that during the period of five years, i.e. from 6.6.2001 to 5.6.2006, another Writ Petition No. 4437 of 2005 was filed for enhancement of rent.;