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Showing contexts for: bbc act in Jay Prakash Mandal vs The State Of Bihar on 24 August, 2023Matching Fragments
4. It is vehemently submitted that the fixation of the rent of the shops of Zila Parishad, Banka through the concerned Sub-Divisional Officer is wholly without jurisdiction and in the teeth of the provisions, as contained in Section 32 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 Patna High Court CWJC No.3906 of 2020 dt.24-08-2023 (hereinafter referred to as 'the BBC Act').
5. On the other hand, learned counsel for the Nagar Parishad, Banka submitted that the shops were allotted to the petitioners by respondent no.5, as per the deed of agreement dated 01.07.2003, only for a period of ten years and even after expiry of the said period, the petitioners have not made any request for renewal of the agreement. He further submits that on 08.04.2017, the general meeting of Zila Parishad, Banka was held under the Chairmanship of its Chairman, in presence of the Executive Officer and it was unanimously decided to enhance the monthly rent of the shops of the petitioners and other shopkeepers, which was pending since long back. They further decided to refer the matter before the Sub-Divisional Officer, Banka, who is the competent authority to determine the monthly rent of the shops of the petitioners at the market rate. Before enhancing the rent of the shops, in question, the Circle Officer, Bounsi conducted local survey of the rent of the shops situated at Zila Parishad, Banka through the Circle Inspector, who prepared a report in prescribed format on the basis of the prevailing market rate and thereafter the same has been done. He next submitted that before the impugned letter/notice enhancing the rent of the shops of the petitioners and others, Patna High Court CWJC No.3906 of 2020 dt.24-08-2023 proper notice to all the shopkeepers, including the petitioners, have been issued, with a direction to appear before the concerned authority for the discussion on the point of renewal of the respective rent agreement and further for enhancement of monthly rent of the shops, but the petitioners failed to do so, which resulted into passing of the order impugned.