THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.11794 OF 2009 Dated: 25.06.2010 Between : S. Ramakrishna Reddy … Petitioner And 1. Union of India, rep. by its Principal Secretary, Dept. of Posts & Telegraphs, New Delhi And 2 others. .. Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.11794 OF 2009 ORDER : Under a Lease Agreement dated 26.2.1999, the petitioner herein has let out the premises bearing No.2-3-70/70/1, Amberpet, Hyderabad, to the Government of India for accommodating a Post Office. Aggrieved by the alleged action of the respondents in not paying the enhanced rents and not fixing the fair rent for the said premises, the present writ petition is filed. It is alleged by the petitioner that after 1996 the rent has not been re-fixed inspite of the repeated requests made to enhance the rent as per the Condition No.14 of the Lease Agreement. It is also alleged that the respondents did not co- operate even for appointment of an independent Arbitrator for deciding the dispute. Hence this writ petition. In the counter-affidavit filed on behalf of the respondents, the allegations made by the petitioner have been denied and it is stated that as per the departmental procedure, a Fair Rent Assessment Committee was convened for the enhancement of rents claimed by the petitioner. The said Committee which met on 13.03.2006 recommended enhancement of rent, but the petitioner refused to execute a fresh lease deed. It is also stated that the Department is ready to pay the enhanced rents as per the rates recommended by the Fair Rent Assessment Committee. I have heard the learned counsel for both the parties. The material available on record shows that the premises in question was let out to the Government of India under a lease agreement for locating a Post Office. Obviously, the matter does not involve enforcement of any statutory right and both the parties are bound by the terms and conditions of the lease agreement voluntarily executed between them. It is also relevant to note that Clause-15 of the lease agreement provides for arbitration in case of any dispute arising out of the subject- matter of the agreement. Clause-15 runs as under : “Should any dispute of differences arises out concerning the subject matter of these presents or any covenant clause or thing herein contained or otherwise arising out this lease. The same shall be referred to an arbitrator shall be conclusive and binding on the parties hereto. The provisions of the Arbitration Act, 1940 or any statutory modifications thereof for the time being in force shall apply to such arbitration.” Having regard to the above said clause under which both the parties mutually agreed to resolve their disputes by referring to an arbitrator, it is not open to the petitioner to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India either for fixation of fair rent or for payment of the arrears, if any. Accordingly, the Writ Petition is disposed of leaving it open to the petitioner to invoke the arbitration clause under the lease agreement dated 26.2.1999 for redressal of his grievance. As and when the petitioner initiates steps in terms of Clause-15 of the lease agreement, the respondents shall take all the necessary steps on their part without any delay for getting the disputes resolved through arbitrator. No costs. _____________ G. ROHINI, J. Dt.25.06.2010 Note:- CC in 2 days. (B/O) gbs