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1984 Supreme(J&K) 25

MAZHAR ALI SHAH, M.L.BHAT
Ram Nath – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: S.C. Subash

1. This letters patent appeal is directed against the Judgement of a learned Single Judge on this Court (Honble the Chief Justice V. Khalid as his Lordship then was) dated 23.3.84, where by he has dismissed the writ petition of the appellant.

2. The contention raised in the writ Petition as also in this letters patent appeal is that Sub-Section (4) of Sec. 12 of the J&K Houses and Shops Rent Control Act 1966, hereafter to be referred to as the Act, is invalid and that the word Shall occuring in that Sub Section shall be interpretted to mean as may. The learned Single Judge as in his detailed Judgment rejected both the contentions raised by the petitioner. He has discussed the provisions of the act as also sec 11A of the Bihar Act, on which reliance was placed by appellant. A full bench authority of the Patna High Court reported in AIR 1981 Pat. I was also considered by the Single Bench of this Court.

3. It has rightly been observed by the Single Bench that sec. 11-A of the Bihar Act was not examined by the Full Bench of the Patna High Court from the appeallant wants us to examine Sec 12(4) of the act in this appeal .The Judgement given by the Full Bench of the Patna High Court has


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