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Judgment
Heard the learned counsel for the parties.
The petitioners, who are Class-III shop-keepers in Samwas Sadan Samiti, Gaya, are aggrieved by the enhancement and fixation of rent at the rate of
Rs. 4/- per square feet but with retrospective effect.
It appears from the records that earlier an enhancement was ordered which was more than 50 per cent which was not permissible.
On the petitioners agitating about such enhancement of rent which is beyond 50 per cent before this Court vide C.W.J.C. No. 10858 of 2019, this
Court vide order dated 14.05.2019, on referring to the provision contained in Bihar Building (Lease, Rent and Eviction) Control Rules, 1983, found
such enhancement to be beyond the rules and quashed the same.
The respondent, however, were directed to decide the fair / enhanced rent in accordance with Rule 3(v) of the Bihar Building (Lease, Rent and
Eviction) Control Rules, 1983.
Pursuant to the aforesaid order, the petitioners were noticed vide intimation dated 11.07.2019 and were given only three days’ time to appear
before the Sub- Divisional Officer, Gaya, for presenting their case with respect to enhancement.
It appears that a very short time was given to the petitioners and without taking into account the objection of the petitioners, the rent though has been
enhanced less than 50 per cent but is sought to be implemented with retrospective effect.
For the reasons that the petitioners have not been heard and the rent fixation / enhancement has been ordered with retrospective effect, this Court
deems it appropriate to direct the Sub-Divisional Officer, Gaya (Respondent No. 6) to give a re-look at the matter, hear the stand of the petitioners
and then pass a fresh order in accordance with law, on the petitioners making a suitable representation before him within a period of three weeks.
Needless to state that the stand of the petitioner shall be taken into account and only thereafter a reasoned order shall be passed with respect to
enhancement of rent. The aforesaid order shall be passed within a period of two weeks from the date of receipt of such representation.
Before the fresh assessment of rent, the petitioners shall not be insisted upon for making payment at the current rate but only at the rate which was
being exacted from them from before.
With the aforesaid observation / direction, this petition stands disposed off.