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2005 DIGILAW 300 (PAT)

Ashok Kumar v. Patna Municipal Corporation

2005-03-14

V.N.SINHA

body2005
Judgment 1. Heard learned counsel for the parties. 2. Petitioners are shop keepers holding their shops in the New Market premises near the Railway Station let out to them by the Patna Municipal Corporation. They are aggrieved by the orders of the Corporation dated 9.5.2002 & 8.7.2002 as contained in Annexures-1 & 2 to these writ applications, whereunder the Assistant Administrator, New Capital Circle has fixed the rent of the premises in question at the rate of Rs. 10/ sqft and has further directed his subordinate authorities to realise the said rent from the petitioners with effect from 24.4.2002. 3. Learned counsel for the petitioners submitted that the Corporation authorities instead of disposing off the two representations dated 11.10.2002 & 24.3.2003, addressed to the Mayor as also the Chief Executive Officer, Patna Municipal Corporation, Patna (Annexures-4 series) are resorting to the strong arm tactics and arelocking the shop premises. 4. On the other hand, learned counsel for the Corporation submitted that the rent of the premises has been revised as per the stipulation contained in lease deed itself and the authorities were well within the power to revise the rent of the shop in question. 5. In reply, counsel for the petitioners submitted that the power to revise the rent may be there but revision of rent is too steep and the authorities should not be allowed to revise the rent from Rs. 3/sq.ft to Rs. 10/sq.ft which is more than three times of the last paid rent. 6. Having heard the counsel for the parties, l am satisfied that before resorting to the revision of the rent, the authorities should have also consulted the tenants of the premises in question and thereafter should have proceeded to revise the rent, that too, not to the extent of more than three times of the last paid rent. As such, this Court, deems it expedient to direct the Chief Executive Officer, Patna Municipal Corporation, Patna (Respondent no. 2) to consider the representations (Annexures-4 series) of the petitioners within a period of two months from the date of receipt/production of a copy of this order. 7. As such, this Court, deems it expedient to direct the Chief Executive Officer, Patna Municipal Corporation, Patna (Respondent no. 2) to consider the representations (Annexures-4 series) of the petitioners within a period of two months from the date of receipt/production of a copy of this order. 7. While considering the representations of the petitioners dated 11.10.2002 & 24.3.2003, the Chief Executive Officer shall be obliged to hear the petitioners and other shop keepers and until reasoned order is passed on the aforesaid two representations, no strong arm action i.e. locking out the shop premises should be resorted to by the authorities of the Corporation including issue of warrant of arrest against them. 8. The application stands disposed of No cost.