Petitioner granted liberty to move an application for rent enhancement before Respondent No. 4 on the basis of the Rent Reasonable Certificate, with a direction to pass appropriate order within four weeks.
Liberty to file application for rent enhancement with Rent Reasonable Certificate; direction to authority to decide within four weeks.
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Court No. - 4 Case :- WRIT - C No. - 38872 of 2019 Petitioner :- Arjun Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh,Sheo Karan Singh
Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.
It appears from the perusal of the averments made in writ petition and the documents appended thereto that petitioner is the owner and landlord of premises No. 1/183 situated in Bargadiya Ghat, Civil Lines, Fatehgarh (hereinafter referred to as 'demised premises') which has been let out by petitioner to the respondent no. 4 on 20.06.1991. The rent of the demise premises was enhanced in the year 2004 to Rs.4083/- thereafter, it appears that petitioner moved an application on 05.02.2018 before respondent no. 4 for enhancement of rent on which the respondent no. 4 requested the respondent no. 2, District Magistrate, Farrukhabad, to certify the current rental value of the demised premises, in response whereto he issued rent reasonable certificate dated 30.01.2019, which is on record as Annexure-6, certifying that reasonable rent of the premises was Rs.16,388.48/- per month considering its carpet area which was 2042.31 square feet.
The grievance of the petitioner appears to be that despite the rent reasonable certificate of the respondent no. 2 dated 30.01.2019 being received in the office of respondent no. 4, no further order has been passed by him enhancing the monthly rent of the demised premises on the basis of the rent reasonable certificate of respondent no. 2 dated 30.01.2019.
Since facts of the case are not in dispute, without calling for any counter affidavit and with the consent of the parties, we dispose of this writ petition with liberty to the petitioner to move an application before respondent no. 4 appending thereto the rent reasonable certificate dated 30.01.2019 issued by respondent no. 2 with a prayer to enhance the rent of the demised premises in accordance with said certificate.
In case any such application/ representation is filed by petitioner before respondent no. 4 with the certified copy of this order within two days from today, he shall pass appropriate order thereon within a further period of four weeks.
Order Date :- 3.12.2019 V.S.Singh
1 issue framed by the court
Whether the landlord can seek enhancement of rent based on the rent reasonable certificate issued by the District Magistrate.
Arjun Singh
State Of U.P.
Unnamed Respondent No. 2
Unnamed Respondent No. 3
Unnamed Respondent No. 4
Bala Krishna Narayana
Rohit Ranjan Agarwal
As recorded by the court registry
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