IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.527 of 2009 RAVINDRA THAKUR Versus THE CHAIRMAN,GAYA ZILA PARISHA ----------- 10 23.02.2010 Heard the Parties. There is no dispute that by deed of lease dated 28th September 1992 which has been appended as Annexure-1 to the writ petition, the writ petitioner, as a 2nd party to that lease deed came into possession of a shop belonging to the first party, Gaya Zila Parishad at a rental of Re.1/- per sqr. feet per month i.e. Rs.150/- per month. The lease was for a period of 5 years from January 1992 to December 1996. It contains several stipulations, including a stipulation that the expenditure over construction of stall (shop) will be borne by the 2nd party and the amount incurred in construction will be adjusted towards the rent for which half amount of the rental will be adjusted by the 2nd party and only half amount as rental will be payable. There is another stipulation that the 1st party i.e. Zila Parishad reserves its right to terminate its lease on the expiry to the lease period or to grant a fresh lease to the 2nd party on such terms of monthly rental that will appear just and proper. After expiry of the terms of the lease in December 1996, the petitioner continued in possession of the shop and clearly the Zila Parishad failed to take any steps either to cancel the lease or to grant fresh lease on appropriate rent. Subsequently, as appears from the counter affidavit, by a notice dated 9th July 2003, the Zila Parishad demanded a dues of Rs.7,350/- as arrears of rental till December 2002. The notice mentions that in spite of several notices, arrear has not been paid and since the lease expired long back, the 2 rental of the shop has been fixed at Rs.4/- per sqr. feet with effect from January 2000. The dispute could not be resolved and when the Zila Parisahd threatened to evict the petitioner, he preferred a writ petition in the year 2009. The writ court refused to interfere in the matter for the reasons that as per lease deed, writ petitioner had a right to leased premises only for 5 years and thereafter by his conduct he was disentitled for grant of any equitable relief in exercise of writ jurisdiction since he did not vacate the premises nor was agreeing for fresh deed as offered by the Zila Parishad. The writ court, however, observed that if the petitioner was so advised he could move the civil court. Since the writ petition was dismissed without notice to the other side, an opportunity was given to the Zila Parishad to file a counter affidavit to the writ petition which could be considered in course of hearing of this appeal. By an interim order dated 9th July 2009, coercive action against the appellant (writ petitioner) was also stayed provided he goes on paying the current rent at the rate fixed by the Zila Parishad. Learned counsel for the appellant submitted that the appellant is prepared to show that there is nothing wrong with his conduct and he will agree to pay at the enhanced rate of Rs.4/- per sqr. feet with the date of notice i.e. 9th July 2003. He further submitted that if the cost of construction of the stall has not been adjusted so far, the admitted amount remaining due as cost of construction may be adjusted by the Zila Parishad while calculating arrears of rent payable by the writ petitioner. 3 In order to shorten the litigation the learned counsel for the Gaya Zila Parishad has agreed to the aforesaid offer of the writ petitioner/appellant and in that view of the matter this appeal is disposed of with a direction that the appellant shall pay arrears and current rent at the rate indicated in the notice dated 9th July 2003 (Anexure-A to the counter affidavit) with effect from 9th July 2003 within a period of 2 months from to-day. If asked by the petitioner to reveal the dues adjustable against the rent by way of cost of construction, it shall reveal the figures of such dues, if any, within a period of 2 weeks on receipt of request by the petitioner. Only the amount admitted by the Zila Parishad as such dues will be adjusted by the petitioner from the arrears of rent, as indicated above. It is also noted that the petitioner has agreed to execute fresh lease deed as offered by the Zila Parishad and in such matter, parties shall be guided by the rate of rent as the Zila Parishad may fix in respect of other similar shops in that locality. The fresh deed of lease is agreed to be executed by the writ petitioner/appellant within a month of offer by the Zila Parishad. It goes without saying that if any of the aforesaid terms and conditions is violated by the appellant, the Zila Parishad will be free to take recourse to all action available under law. The appeal is disposed of accordingly. Jay/ (Shiva Kirti Singh,J) ( C.M.Prasad,J )