P. Mandal, J. - (1.) The writ petitioner has filed this writ application praying for the following reliefs: - a) A Writ and/or Writs do issue in the nature of mandamus setting aside and/or quashing and/or canceling and/or annulling the impugned order/letter under reference No. 3 -12/87/Naval/746 dated 30th of October, 2009(Annexure P -5 to the writ petition). b) A Writ and/or Writs do issue in the nature of mandamus commanding the Respondent Authorities to assess the rate of rent for the premise in question in terms of the decision of the Hiring Committee published in the Daily Telegrams newspaper dated February 03, 2009(Annexure P -2). c) A Writ and/or Writs do issue in the nature of mandamus commanding the Respondent Authorities, more particularly to the Respondent no.4 hereinabove to clear outstanding rent @Rs. 5.23 per Sq.ft to the petitioner as per the bills with other relief benefits which the petitioner entitle under law. d) A Writ of certiorari be issued commanding the Respondent Authorities and each of them to present proceeding for giving conscionable justice to the present petition. e) Rule NISI in terms of prayer A and B above. f) Cost the present application g) To pass such other or further order or orders, direction or directions do issue as this Hon'ble Court may deem fit and proper.
(2.) The short question involved in the matter is whether the writ petitioner is entitled to get rent in respect of premises in question as per decision of the respondent authorities published on February 03, 2009 in the Daily Telegrams newspaper.
(3.) Upon hearing the learned counsel for the parties and on perusal of the materials on record, I find that whenever the government takes any premises from a private party on rent for office or other kind of accommodation, the rent is determined by the concerned Hiring Committee constituted by the Administration for the purpose of assessment of the rent of the premises taken from the private person. Such rent is revised by the concerned Hiring Committee from time to time and a different chart is prepared for assessment of the rent according to the locality. The respondent no.4 took the premises of the writ petitioner on the first floor of the premises under Survey No. 105 at Lambaline under Tehsil Port Blair, District South Andaman on a monthly basis which was determined @Rs. 546/ -initially. But the rent was not enhanced. Subsequently, the petitioner claimed the rent as notified by the Administration in the Daily Telegrams newspaper dated February 03, 2009. His prayer was turned down.;