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2002 DIGILAW 980 (PAT)

Md. Sajjad Asghar @ Hasib Mallick v. State Of Bihar

2002-09-10

R.N.PRASAD, RAVI S.DHAVAN

body2002
Judgment 1. All that has happened is that the petitioner has received a notice coupled with a demand to pay commercial rent on the land which has been put to commercial use.The notice is under the Bihar Tenancy Act, 1885 under section 23(4) & (5). The petitioner acknowledges that he is running a commercial venture by running a shop for retailing ready-made garments. 2. As a residential area has been put to commercial use, the petitioner cannot take issues that there is anything wrong with the notice. The petitioner may file his objections in answer to the notice. But for a wrong done admittedly at the drop of a hat the petitioner cannot be permitted to challenge the vires of the Act. Neither equity nor law is in favour of the petitioner. 3. If the petitioner is dissatisfied with the order on which he has been assessed to commercial tax, he may take recourse to an appeal as has been provided under the Act itself. 4. Dismissed.