Petitioner, a tenant, filed a writ petition seeking a direction to waive interest on rent. The High Court held that writ jurisdiction is not appropriate for landlord-tenant disputes and dismissed the petition as such matters must be resolved through appropriate civil forums.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5030 of 2014
====================================================== Munna Kumar @ Munna Prasad Son Of Dhanpat Yadav, Resident Of Mohalla- Chiraiya, Tand, P.S.- Rampur, District- Gaya .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate, Gaya, District- Gaya 3. The District Board (Zila Parishad), Gaya, Through Its Secretary 4. The Deputy Development Commissioner Cum Chief Executive Officer, District- Board Zila Parishad Gaya, District- Gaya .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : For the Respondent/s : ======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
The petitioner, who admits that he is the tenant of the respondent no. 3 has approached this court with a prayer to direct the respondent no. 3 to waive the interest amount of the due principal rent amount.
The court is of the opinion that since there is a
Patna High Court CWJC No.5030 of 2014 (3) dt.16-07-2015
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relationship of the petitioner with the respondent no. 3 of landlord and tenant, the writ jurisdiction may not be invoked in such dispute.
The writ petition stands dismissed.
(Rakesh Kumar, J)
Praful/-
U
1 issue framed by the court
Whether the writ jurisdiction can be invoked to direct the landlord to waive interest on dues in a landlord-tenant relationship.
Munna Kumar @ Munna Prasad Son Of Dhanpat Yadav
The State Of Bihar
The District Magistrate, Gaya
The District Board (Zila Parishad), Gaya
The Deputy Development Commissioner Cum Chief Executive Officer
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
