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2015 (10) TMI 618

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..... gation by the respondents, it is for the petitioner to approach civil court for redressal of his grievance. Even otherwise, under the Karnataka Rent Act, 1999, a provision is made for fixation of standard rent by the Controller at the request of parties. Petitioner without exhausting these remedies, has approached this Court invoking extraordinary jurisdiction. As such, prayer sought for by the pe .....

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..... mine and fix monthly rent in respect of premises of the petitioner as per Fair Rent Certificate issued by Executive Engineer, Central Public Works Department, Hubli region dated 8-10-2010 Annexure-B. 2. I have heard learned counsel appearing for the parties. Perused the case papers including statement of objections filed by learned Central Government Standing Counsel today with the leave of the .....

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..... ed by him to the following effect: The two figures of rents as above shall be considered as a range of reasonable rent and it shall be for the hiring department to negotiate and settle the rent, keeping in view this range. 4. Second respondent by communication dated 9-11-2010 Annexure-C has informed 1st respondent according sanction for enhancement of monthly rent payable to petitioner at .....

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..... rayers noted hereinabove. 6. It is the contention of respondents that the respondents have been in occupation of the premises in question for past 35 years. Learned counsel relies upon a Circular issued by the Central Public Works Department as per Annexure-R2 to contend that 8% enhancement is permissible and as such petitioner has been offered enhancement of rent by 8% by the department as per .....

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..... by the petitioner cannot be granted. 8. For the reasons aforestated, writ petition is rejected reserving liberty to the petitioner to initiate appropriate proceedings against respondents seeking for fixation of standard rent. Hence, I am of the considered view that the prayer sought for by the petitioner in this writ petition cannot be granted and accordingly writ petition stands rejected. 9 .....

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