A.K. ROY CHOWDHURY Vs. UNION OF INDIA (UOI) AND ORS.

JUDGEMENT

(1.) THIS writ appeal is directed against the judgment and order dated 18.5.95 passed by a learned Single Judge of this Court at Shillong in Civil Rule No. 120(SH)/95. This order reads as follows:

(2.) THE Appellant filed a writ petition praying for issuance of a Writ of Mandamus, payment of compensation by the tenant Respondents in respect of civil wrongs, tortious acts of defaming the landlord i.e. the writ Petitioner -Appellant and family causing infringement of fundamental rights by branding him as "Speculative Mainac". It is such a writ petition that the learned Single Judge passed the above order.

(3.) IT is the Appellant's case that he already moved under Section 4 of the Meghalaya Rent Control Act in the Court of the Munsiff at Shilling in May, 1993 praying fixation of fair rent. This case was disposed by the Munsiff vide order dated 14.11.96 and the Appellant appears to be dissatisfied with the same, preferred an appeal before the District Judge, Shillong seeking a relief of fixation of fair rent, giving some judgment of the Supreme Court as reported in : AIR 1981 SC 1395, the Appellant prayed for interim relief before the District Judge who by order dated 21.4.95 directed the Chief Engineer, P.W.D., Govt. of Meghalaya to determine the fair rent in respect of the tenanted premise and the landlord should file a separate suit so far as damage on account of defamation was concerned or he could file a criminal complaint. It is the instance of the Appellant that no separate suit is necessary, he therefore approached this Court at Shillong Bench for issue of a writ of mandamus seeking, inter alia, damage for defamation. As already noted above, petition was summarily dismissed.