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2009 Supreme(Pat) 1342

NAVANITI PRASAD SINGH
Mira Tibrewal W/o Sri satyanarayan Prasad – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. The petitioner is undisputediy an owner of a premises which has been in occupation of the Minor Irrigation Department of Government of Bihar and in which the Office of the Sub-Divisional Officer, Minor Irrigation Department, Sub-Division- Jhanjharpur is located. The said premises was taken on rent sometime in the year, 1980 on a monthly rental of Rs. 125/-. It is not in dispute that thereafter the rent was enhanced from March, 1989 to Rs 800/- per month by the orders of the Rent ControlIer-cum-Sub-Divisiona! Officer, Jhanjharpur. The same remained unaltered for 15 years without any enhancement. Petitioner, accordingly, requested the Minor Irrigation Department for enhancement of rent. First, the Department reverted stating that toilet and bathroom facilities should be provided to consider the same. The same was, admittedly, provided by the landlady. Thereafter, the matter was again referred by the Department itself to the Sub-Divisional Officer-cum-Rent Controller, Jhanjharpur to get the rent fixed as it was a matter of occupation by Government of private premises. The Sub-Divisional Officer, after making enquiries and after considering the matter, by his communication










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