( 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.

( 4 ) BEING dissatisfied, the respondent No. 1 preferred a fresh writ application being W. P. No. 1163 of 2003 before the learned Single Judge thereby praying for setting aside the order dated 29th March, 2003 and for a direction upon the present appellant to pay rent at the rate of Rs. 40/- per sq. ft. as the existing rate of rent in that locality. The writ petitioner further prayed for a direction upon the appellant to release a sum of Rs. 69,47,766/- as arrears rent at the enhanced rate as mentioned in paragraph 16 of the writ application.

( 5 ) THE aforesaid writ application was opposed by the present appellant and ultimately, a learned Single Judge of this Court by the order dated 10th september, 2003 has allowed the writ application thereby setting aside the order dated 29th March, 2003 and directing the Zonal Manager of the appellant to reconsider the matter afresh including the claim of the writ petitioner for enhancement of rent from the year 1972. The learned Single Judge expressed the desire that the authority should exercise its power properly and reasonably after taking into account the facts and circumstances prevailing at the moment while arriving at the rate. His Lordship further directed the Zonal Manager of the appellant to pass a reasoned order in accordance with law within a specified period.

( 6 ) BEING dissatisfied, the tenant has come up with the present mandamus appeal.

( 7 ) MR. Banerjee, the learned senior Advocate appearing on behalf of the appellant, before entering into the merit, has advanced a pure question of law in support of this appeal. According to Mr Banerjee, admittedly, there being an existing relationship of landlord and tenant between the parties governed by the provision of West Bengal Premises Tenancy Act, the learned single Judge erred in law in entertaining the writ application and directing the Zonal Manager of the tenant to assess the fair rent of the property which is within the e