- (1.) THE Judgment of the Court was as follows : In the instant revisional application under Article 227 of the Constitution order dated 26.11.2009 passed by the learned Rent Controller, Siliguri in Rent Control Case No. 12 of 2003 arising out of an application under Section 20 read with sub-section 4A of Section 17 of the West Bengal Premises Tenancy Act, 1997, as amended, has been assailed.
(2.) LEARNED Lawyer for the petitioner submits that the learned Rent Controller considered the basis of a put up petition on 26.11.2009. On that date the learned Advocate for the petitioner stated that the opposite party as well as the GP attended before the Court and the opposite party (Assistant Engineer, Survey Sub Division-ll, Public Health Engineering Directorate, Station Feeder Road (S.F. Road), Siliguri agreed before the Court to pay fair rent and the then Rent Controller has been pleased to pass order for fair rent as per norms of WBPT Act. LEARNED Advocate for the petitioner further stated that the then Rent Controller did not fix the rate of actual rent in his order dated 12.03.2009 and so he had prayed before the Rent Controller to pass order specifying the exact amount of rent to be paid by the opposite party. After due consideration of the above circumstances the learned Rent Controller by his order dated 26.11.2009 held that necessary instruction is required from the learned Legal Remembrancer, West Bengal on the following points : a) Jurisdiction of Rent Controller under Section 17(4 A) where the tenant opposite party is Government Department; b) Once order passed for fair rent what can be done by the subsequent Rent Controller AND c) Whether the rent will be fixed by the Rent Controller or LA Collector. Being aggrieved by and dissatisfied with such order the instant revisional application has been preferred on the grounds of error apparent on the face of record. It is contended on behalf of the petitioner that the Rent Controller is vested with exclusive jurisdiction to fix the fair rent in accordance with sub-section 1 of Section 17 of the West Bengal Premises Tenancy Act, 1997, as amended subsequently, in the manner prescribed under the provision of sub-section 4A of Section 17 of the Act. Therefore, the Rent Controller, Siliguri has no jurisdiction to reopen the case and seek clarification from the learned Legal Remembrancer, West Bengal since his predecessor-in-office already determined the issue in respect of fixation of the fair rent and closed the case. Therefore, his order dated 26th November, 2009 is an endeavour to modify the earlier order dated 12th March, 2009 of his predecessor-in-office and in derogation of the statutory provisions of Section 17 of the Act. It is further contended that the fair rent fixed by the predecessor-in-office of the Rent Controller with effect from October, 2003 was accepted by the opposite party. Therefore, the said order is not sustainable either in law or in fact and is liable to be set aside. In their affidavit-in- opposition the opposite party has contended that the instant revisional application is not maintainable in its present form as because the ostensible tenants in respect of premises at Milan Pally, Holding No. 407/17 Ward No. 9, S.F. Road, Siliguri, District Darjeeling is the State of West Bengal in the PHE Department which has not been impleaded in this application and as such the application suffers from nonjoinder of necessary parties.
(3.) IT is further contended that the Government of West Bengal for the purpose of establishing office of Assistant Engineer, Survey Division-ll Public Health Engineering Directorate hired the aforesaid premises on 01.10.1982 from its owner Smt. Sudha Rani Mukherjee which will be reflected from Letter No. 103/SD dated 24.09.1982 of the Executive Engineer, Survey Division Public Health Engineering Directorate. Such tenancy was inducted on the basis of fair rent certificate issued by the Deputy Commissioner, Darjeeling under his Memo No. 1557/LA dated 02.07.1982 at the rate of Rs. 819/- only per mensem. Therefore, the present opposite party being the Assistant Engineer is not at all the real tenant and the rent has been paid upto September, 2003 on 10.03.2004 to the house owner. Further, the Assistant Engineer, Survey Division-ll informed the petitioner in his Memo No. 20/SSD-ll dated 18.05.2010 that the office shall have to be shifted to new office building at Babu Para Public Health Engineering Directorate Campus within 31.05.2010 so he has requested to take over the possession of the aforesaid rented office building from him on 31.05.2010 and on the basis of such letter the Assistant Engineer, Survey Division-ll handed over the aforesaid premises on 31.05.2010.;