A tenant is protected from arbitrary eviction or sealing of premises until the statutory procedure for fair rent fixation is completed, ensuring due process is followed under the relevant legislation.

ORDER

The writ petitioner is a tenant under the second respondent temple.

2.It is the claim of the petitioner that he is the tenant in respect of the land and he has put up his own superstructures and is in possession and occupation by paying the monthly rent. While so, by the impugned order, the rent is proposed to be increased and manifold times and the petitioner will not be in a position to pay such huge rent. Even though the petitioner has submitted his objection, the second respondent may take such steps to seal the premise and therefore, the petitioner is before this Court.

3.Per Contra, the learned counsel took notice on behalf of the second respondent would submit that on perusal of the notice, it can be seen that it is a show cause notice inviting objection for fixation of fair rent. The petitioner has already submitted his objection. It will be duly considered by giving opportunity to the petitioner and the Committee will hear the petitioner and further orders of fixation of fair rent is passed if only he default further thereafter steps will be taken in the manner known to law to evict him.

4.I have considered the rival submissions made on either side and perused the material records of the case.

5.Since the impugned order nothing but show cause notice inviting objection from the petitioner for fixating of fair rent. It will be open for the petitioner to send his objections. It is stated that already objections are sent, the same will be placed before the committee. Let the committee also give an opportunity to the petitioner for personal hearing. Thereafter final orders can be passed fixing the final fair rent. In the meanwhile, the apprehension of the petitioner that the shops will be sealed is not correct inasmuch as the authority will have to take recourse to the manner known to law, that is by initiation of proceedings under Sections 78-79 of the Act, for eviction, without which the petitioner premises will not be sealed.

6.Recording the above and keeping open the liberty of the petitioner to agitate before the committee, all his grievances, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.