IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8 of 2005 1. Ramasakhi Devi W/o of late Ramanand Sah 2. Gauri Shankar Sah son of late Ramanand Sah 3. Saraswati Devi daughter of late Ramanand Sah 4. Patwati Devi daughter of late Ramanand Sah 5. Shobha Devi daughter of late Ramanand Sah - All are resident of village Bakhari, PS Patahi, District East Champaran ....... Petitioners Versus 1. THE STATE OF BIHAR 2. House Controller cum SDO, Pakari Dayal, East Champaran 3. Medical Officer Incharge Leprosy Control Unit Bakhari, PS Patahi, District East Champaran ....... Respondents ----------- 03- 16/5/2011 Mr. Rakesh Kumar for the petitioner, and learned Assistant Counsel to Govt. Advocate no.VIII, are present. Learned counsel for the petitioner presses IA No.6121 of 2008, which is in the nature of a substitution application, stating therein that the petitioner (Rama Nand Sah), died on 17.8.2006, leaving behind his heirs mentioned in paragraph-2 of this application. In the facts and circumstances of the case, let the name of the petitioner be expunged and be substituted by his heirs who have entered appearance through counsel and have filed duly executed Vakalatnama. IA No.6121 of 2008 is accordingly disposed of. 2. The writ petition has been preferred to quash the order bearing memo no.77, dated 28.2.2001 (Annexure 1), from the Sub- Divisional Officer, Pakri Dayal, to respondent no.3, informing him that the petitioner’s house given on rent to the respondents shall be paid rental of Rs.1750/-. The petitioners also pray to quash the communication bearing memo no.82, dated 7.4.2001 (Annexure 2), from the said authority to respondent no.3, stating therein that the 2 rental shall be Rs.750/- per month. 3. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It appears that the petitioner had let out his premises comprising of two rooms, stair case, and toilet on the first floor of his house at Pakri Dayal to accommodate an office of respondent no.3 on a monthly rental of Rs.2000/- with effect from 1.5.2000. It appears that dissatisfied with the monthly rental of Rs.2000/-, the petitioner had approached the Rent Controller under the Bihar Buildings (Lease, Rent and Eviction) Control Act to fix fair rent. Respondent no.2 issued public notice inviting objections to the same. It appears that on a consideration of the materials on record, respondent no.2 fixed fair rent at Rs.1750/-, vide memo no.77 dt. 28.2.2001 (Annexure 1), and impugned herein. This was followed by a modified order bearing memo no.82, dt. 7.4.2001 (Annexure 2), whereby the order dated 28.2.2001, was modified and rental was reduced from Rs.1750/- to Rs.750/- per month, and impugned herein. It appears to us that respondent no.2 exercised statutory and quasi-judicial powers while functioning as Rent Controller under the Act. Once he had exercised his power and fixed Rs.1750/- as monthly rental, his power was exhausted and became functus officio, and he could not have again exercised the power on 7.4.2001(Annexure 2), thereby reducing the rental to Rs.750/-. We are convinced that the impugned order dt. 7.4.2001 (Annexure 2), is without jurisdiction and is hereby set aside. Consequently, the petitioner shall be entitled to rental @ Rs.1750/- with effect from 1.5.2000 till the date the State Government has 3 vacated the premises. The entire arrears of rent shall carry interest @ 11 (eleven) percent from the dates the amounts became due till the date of payment. The cheque shall be issued in the name of Smt. Ram Sakhi Devi, the widow of the original writ petitioner 4. In the result, this writ petition is allowed with costs quantified at Rs.10,000/- (ten thousand). The order dated 7.4.2001 (Annexure 2), is hereby set aside. Respondent no.3 shall ensure payment of arrears of rental which shall carry interest @ 11% from the dates the amounts became due till the date of payment, along with costs. mrl ( S K Katriar )