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Udit (Na)     25 March 2022

To proceed afresh interpretation

Dear sir/ma'am, please advise me on the below question. In a case under U.P. Rent control act for fixation of annual rent under section 29 A (5) I submitted the valuation of the land in accordance with the circle rate of the land and demanded the rent in accordance with the circle rate. The respondent objected that circle rate can not be a decisiofactor for determination of rent, the Rent control officer dismissed the application. Against the dismissal I approached to the high court. The high court remanded the matter to rent control officer with the direction that the impugned judgment is quashed and the matter is remanded to the district magistrate to proceed afresh after giving both the parties sufficient opportunity to submit their evidence with regard to the valuation of the land in question and to decide afresh in accordance with law. After this order I thought that the high court has ordered to proceed afresh and thereby quashed all the earlier pleadings too since we submitted the market value and in evidence the circle rate list of the government during the first trial.  hence I submitted a new application with the new enhanced market value of the land as well as well as also submitted valued report with my evidence. this time too the respondent did not file any evidence and submitted that the value submitted by me is the commercial value and since it is not a sale transaction hence the value should not be considered. The rent control officer/ district magistrate fixed the rent in accordance with my evidence.  the respondent lost the case and filed a writ under Article 227 in the high courts and took the plea that I filed a fresh application in which I enhanced the price of the land hence the order should be quashed. However the respondent did not raise the objection  of filing new application before the district magistrate and when he lost the case he took new plea first time before the high court. my question is what's the interpretation of "to proceed afresh " and did I rightly consider the order of the high court or should I have not filed a new application.  is there any Supreme Court judgment regarding "to proceed afresh " interpretation and regarding non objection by the respondent at the first available opportunity. Thanks and Regards Udit 

Read more at: https://www.lawyersclubindia.com/forum/to-proceed-afresh-223390.asp


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