Bhaskar Bhattacharya, J. - (1.) This mandamus appeal is at the instance of a respondent in a writ application and is directed against the order dated 10th September, 2003 passed by a learned Single Judge of this Court thereby disposing of a writ application by directing the Zonal Magager of the present appellant to reconsider the prayer of the writ petitioner for enhancement of rent afresh in the light of the observations made in the body of the order.
(2.) The respondent No.1/writ petitioner is the owner of a building and in a part thereof, the present appellant is a premises-tenant. The tenancy was created in the early seventies by the predecessor-in-interest of the writ petitioner. After the writ petitioner became the owner of the property, the appellant accepted the writ petitioner as its landlord and started paying rent at the same rate. There was, however, no increase of rent from the very induction and the writ petitioner made repeated requests to the present appellant for increasing the rate of rent of the tenanted portion in conformity with the rent paid by other tenants of the property. As the appellant did not increase the rate of rent, the writ petitioner, in the past, came up with another writ application thereby praying for direction upon the present appellant to pay rent at the rate of Rs. 40/- per sq. ft. as according to it, the said rate was the prevailing letting-out-value in the locality. The said writ application was disposed of by a learned Single Judge of this Court thereby directing the Zonal Manager of the present appellant to consider the said writ application as a representation of the landlord and to dispose of the same by a reasoned order.
(3.) Pursuant to such direction given by the learned Single Judge, the Zonal Manager of the appellant by the order dated 29th March, 2003 disposed of the representation by holding that the existing rate of rent should be enhanced from the initial rent of Re.1 per sq. ft. to Rs.5/ - per sq. ft. with effect from 1st February, 1999.;