M.Y.EQBAL, J. - (1.) PETITIONER seeks writ in the nature of certiorori for quashing the order dated 29.10.1995 passed by respondent No. 3, Deputy Commissioner, Dhanbad and also order dated 20.1.1995 passed by respondent No. 2 Commissioner, North Chhotanagpur Division. Hazaribagh in a proceeding for determination of fair rent under the provisions of Bihar Building (Lease, Rent and Eviction) Control Act, 1982 and further for a direction upon respondent No. 5 to pay all the rents so fixed by respondent No. 4 Sub -divisional Officer -cum -Rent Controller, Dhanbad.
(2.) PETITIONER is landlord of the building situated at Katras Rajgunj Road, Katrasgarh in the district of Dhanbad. Respondent No. 5 is a tenant in respect of a portion of the building premises. In 1990, petitioner filed application against several tenants occupying building premises including the petitioner for determination of fair rent. The application filed against respondent No. 5 was numbered as HRC Case No. 35/1990. The Sub -divisional Officer -cum -Rent Controller, Dhanbad before whom the case was transferred, finally disposed of the application by passing a reasoned order 12.8.1991 determining the fair rent of the premises in occupation of respondent No. 5 at the rate of Rs. 150/ -per sq. feet. Aggrieved by the said order respondent No. 5 preferred an appeal before respondent No. 3, Deputy Commissioner, Dhanbad being HRC Appeal No. 12/91. The Deputy Commissioner being the appellate authority by passing a reasoned order dated 17.2.1992 directed the respondent tenant to comply with the provisions of Section 16 of the said Act. It appears that instead of complying the aforesaid direction the respondents preferred writ petition being CWJC No. 1026/1992 (R) challenging the order passed by the Deputy Commissioner under Section 16 of the said Act. The writ application was heard by a Division Bench on 1.4.1992 alongwith other writ petitions filed by other tenants and it was admitted for hearing. The Division Bench while admitting the writ petition directed the respondents to deposit 50% of the current and future monthly rent till the disposal of the writ petition. The writ petition was finally heard and dismissed on 12.11.1992. The Division Bench refused to exercise their discretion in interfering with the order of the Deputy Commissioner on the ground that respondents even did not comply the direction of the Court dated 1.4.1992. It appears that after the disposal of the writ petition the appeal filed by the respondents before the Deputy Commissioner against the order of the Rent Controller was finally heard and the Collector, Dhanbad in terms of his order dated 29.10.1995 fixed the rent at the rate of Rs. 250/ - per month. The petitioner/landlord challenged the aforesaid order of the Collector by filing revision before the Commissioner, North Chotanagpur Division, Hazaribagh. The Commissioner took the view that in terms of Section 8 of the said Act and the rules made thereunder the rent of the tenanted premises cannot be increased for more than 25% of the average monthly rent. The revisional authority therefore affirmed the order passed by the Collector. These orders are the subject matter of this writ petition.
(3.) I have heard Mr. Rajendra Prasad, learned counsel for the petitioner and the learned counsel for the respondents. No. one appears on behalf of respondent No. 5 inspite service of notice.;