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So far the second part of the Order of the Deputy Commissioner is concerned, whereby the Deputy Commissioner directed to make enquiry and to take action against the petitioner for alleged violation of the terms of lease, Mr. Ananda Sen submitted that he cannot support that part of the order since it was beyond the scope of Section 5 of BBC Act and jurisdiction of the Deputy Commissioner.

In view of the submissions made by the parties, the only point which has to be considered in the present writ petitions are as to whether the fair rents fixed by the S.D.O. - cum - House Rent controller, on the basis of the enquiry report submitted by the Special Officer, was legal and valid and whether the appellate authority was justified in setting aside the orders of the House Rent Controller and remanding the matter back for fresh consideration.