IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23254 of 2011 Sanjeev Kumar Tandon, Son of Sri N.K. Lal, resident of Lal Kothi, near Tripolia Main Gate, Patna, District – Patna – 800 007. ……. Petitioner. Versus 1. Bihar State Co-operative Marketing Union Limited, through the Administrator, West Gandhi Maidan, Patna having its registered office at West Lawn, Patna, P.S. Gandhi Maidan, District – Patna. 2. The Administrator, Bihar State Co-operative Marketing Union Limited, West Gandhi Maidan, Patna having its registered office at West Lawn, Patna, P.S. Gandhi Maidan, District – Patna. 3. The Managing Director, State Co-operative Marketing Union Limited, West Gandhi Maidan, Patna having its registered office at West Lawn, Patna, P.S. Gandhi Maidan, District – Patna. 4. The Secretary, State Co-operative Marketing Union Limited, West Gandhi Maidan, Patna having its registered office at West Lawn, Patna, P.S. Gandhi Maidan, District – Patna. 5. The Chief Estate Officer, State Co-operative Marketing Union Limited, West Gandhi Maidan, Patna having its registered office at West Lawn, Patna, P.S. Gandhi Maidan, District – Patna. 6. The Estate Officer, State Co-operative Marketing Union Limited, West Gandhi Maidan, Patna having its registered office at West Lawn, Patna, P.S. Gandhi Maidan, District – Patna. ……… Respondents. ---------------------------------- For the Petitioner : - Mr. Bindyachal Singh, Advocate For the BISCOMAUN : - Mr. Rajesh Prasad Choudhary, Adv. ------------ 02/ 23.12.2011 Heard learned counsel for the petitioner as well as learned counsel for the respondents. The petitioner prays for quashing the order dated 10.11.2011 bearing No. 1587 issued under the signature of Managing Director, BISCOMAUN mentioning therein as per the decision of Board of Directors, the lease agreement can be renewed at the minimum rate of Rs.31.50 per sq. feet per month. The petitioner also prays for quashing of the notice published in daily newspaper Prabhat Khabar dated 10.12.2011, whereby the rentees of BISCOMAUN Tower, Bhawan and Annexe building who have not executed a written agreement with BISCOMAUN 2 on or before 17.12.2011 would be liable to be evicted by 31.12.2011. The petitioner submits that he is a national level Base Ball player and runs a programme in the premises that would promote the cause of health and sports in the State. The petitioner refers the minutes of meeting of BISCOMAUN contained in Annexure-3 and submits that premises was in bad shape and it was agreed he would repair and renovate the premises, and the expenditure incurred towards the same would be adjusted towards future rent. The petitioner states that he made heavy investment in this respect. The petitioner submits that as per lease agreement of 2005 (29.11.2005), the rate of the premises was fixed at Rs.3/- per sq. feet per month. The petitioner submits that Clause H of the agreement stated that the lease would be initially for five years with a provision for its renewal as well. The renewal clause provided for extension of lease on an enhanced rate of 10% per sq. feet. On the other hand, counsel for the BISCOMAUN has referred to Clause N of the said agreement. He submits that as per Clause ‘N’/ the renewal of the agreement shall be the subject of mutual satisfaction of the lessor and lessee, provided there is no default by lessee in making payment of agreed lease rent and shall be subject to such increase in rent as is given at sub-paras (h) and (i) above. The petitioner submits that in terms of lease 3 agreement and passage of six years, the respondents could enhance the lease amount by maximum of 20% of the rent agreed in the said agreement. Counsel for the BISCOMAUN submits that BISCOMAUN vide letter dated 10.11.2011 has asked the petitioner to enter into an agreement in respect of the rental premises, for which the minimum rent would be Rs.31.50 per sq. feet. In my view the petitioner should present his case before the Managing Director, BISCOMAUN with enhanced rent proposal within ten days with a detailed representation which would be disposed of by Respondent No. 3. Till disposal of the representation, no coercive steps would be taken against the petitioner, subject to clearance of all previous dues. With the aforesaid observation, this application is disposed of. DKS/ (Samarendra Pratap Singh, J.)