IN THE HIGH COUR T OF JUDICATURE AT PATNA CWJC No.5705 of 1996 Rajni Kant Prasad Singh & Anr. Versus Sri Awadhesh Singh & Ors ----------- 08 02.09.2011 The petitioner being the landlord is aggrieved by the order dated 14.06.1994 passed by the learned Commissioner, Patna in exercise of his revisional power under Bihar Building (Lease, Rent and Eviction) Control Act (for brevity the Act) whereby he has refused to interfere in the matter of fixation of rent @ Rs.148/- per month by the House Controller in respect of the premises being a part of building no.189, Circle No.20B, Ward No.11, situated in Mohalla Jagat Narain Road, Patna. Learned Senior Counsel for the petitioner, Sri Ram Suresh Roy submits that a bare perusal of the enquiry report as contained in Annexure-6 will show that the same is ex-facie contrary to the provisions of Section 8(1) (c ) of the Act, in that it is admitted therein that no material was brought on record with regard to the prevailing rent in the locality. This aspect of the matter has been objected to by the petitioner, but due regard has not been given to the same by the authorities concerned. The learned counsel for the tenant (Respondent no.1) appears and has sought to justify the rent fixed by the House Controller and also states that he is regularly depositing the rent @ Rs.148/- per month upto date through challan. After hearing the parties and going through the materials on record, this Court is of the view that the matter of 2 fixation of rent requires to be re-determined in view of the categorical averment in the enquiry report itself that the prevailing rates in the locality could not be ascertained. It is the mandate of Section 8(1) (c ) of the Act read with the corresponding Rule 3 that the House Controller shall have due regard to the prevailing rates of rent in the locality while fixing the rent of the accommodation. As such, the matter is remitted to the House Controller, Patna (respondent no.4) with a direction to pass fresh orders under Section 8(1) (c ) of the Act making a fresh determination of the rent, after ascertaining the prevailing rates of rent in the locality and after proper measurement of the premises in question, in accordance with law. In this view of the matter, the impugned order as contained in Annexure-1 is set aside and the writ petition is disposed of accordingly. Chandran (Vikash Jain,J.)