Civil Writ Petition No. 9501 of 1987 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 9501 of 1987 Date of decision:- 02.07.2009. Harnek Singh ...Petitioner. Versus The Municipal Committee, Faridkot and another ...Respondents. CORAM: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE JASWANT SINGH Present:- None for the petitioner. Mr. Piyush Kant Jain, Addl. A.G. Punjab for respondent No.2. Notes:- 1. Whether reporters of local newspapers may be allowed to see the judgment? 2. To be referred to the reporters or not? 3. Whether the judgment should be reported in the Digest? M.M.KUMAR, J. This writ petition is directed against order dated 04.12.1996 (Annexure P-2) passed by Municipal Committee, Faridkot-respondent No.1 and the appellate order dated 22.07.1987 (Annexure P-4) passed by the Deputy Commissioner, Faridkot-respondent No.2. It is appropriate to mention that on the rental value of Rs.3,000/- the house tax has been assessed to be Rs.486/- as per the order of assessment dated 04.12.1986. However, on appeal, the Deputy Commissioner had reduced the same to be Rs.450/-. It is well settled that for the purpose of determination of rental value principles laid down by the Rent Control Legislation are applicable as has been held by Hon'ble the Supreme Court in Devan Daulat Rai Kapoor etc. v. New Delhi Municipal Committee and another etc., AIR 1980 Civil Writ Petition No. 9501 of 1987 -2- Supreme Court 541. The aforesaid view was followed by a Division Bench of this Court in Kehar Singh v. The Municipal Committee, Phagwara and another, 1980 Revenue Law Reporter 491. In view of the law laid down by Hon'ble the Supreme Court as well as by this Court we are of the view that the impugned orders dated 04.12.1986 (Annexure P-2) and 22.07.1987 (Annexure P-4) are liable to be set aside. Accordingly, the impugned orders (Annexure P-2) and (Annexure P-4) are quashed. The matter is remitted back to respondent No.1 i.e. Municipal Committee, Faridkot for re-determination of the annual rent value in accordance with law after affording an opportunity of hearing to the petitioner. The writ petition stands disposed of in the above terms. (M.M. KUMAR) JUDGE 2nd July, 2008 (JASWANT SINGH) vj JUDGE