Disposed

Rousenara Begum Laskar v. the State of Assam and 4 Ors.

Gauhati HC6 Apr 2018WP(C)/1800/2018

Case brief

AI extract

What is this about?

Petitioner sought release of arrear rent and fixation of rent. Court directed authorities to verify and release arrear rent within three months. Fixed a specific jurisdiction regarding rental fixation under the Rent Control Act.

What did the court decide?

Directed concerned authority to release arrear rent within three months. Directed parties to approach Rent Control Act for fixation of rent.

Rousenara Begum Laskar Vs the State of Assam and 4 Ors. — Landlord and Tenant | Gauhati HC (2018)

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Page No.# 1/3

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GAHC010056882018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 1800/2018

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1:ROUSENARA BEGUM LASKAR

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W/O. LT. ATAUR RAHMAN LASKAR, VILL. MOHAMMADPUR PART-I, P.O. RONGPUR SOUTH, DIST. HAILAKANDI, ASSAM

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VERSUS

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1:THE STATE OF ASSAM AND 4 ORS.

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TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE DEPTT., DISPUR, GHY.

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2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY.

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3:THE DIRECTOR

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LAND RECORDS AND SURVEY'S ETC. ASSAM RUPNAGAR GUWAHATI

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4:THE DY. COMMISSIONER HAILAKANDI P.O. AND DIST. HAILAKANDI ASSAM.

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5:THE CIRCLE OFFICER

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LALA P.O. LALA DIST. HAILAKANDI

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Page No.# 2/3

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ASSA

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Advocate for the Petitioner : MR. R ISLAM

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON BLE MR. JUSTICE PRASANTA KUMAR DEKA

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ORDER

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Date : 06-04-2018

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Heard Mr.R.Islam, learned counsel appearing for the petitioner. Also heard Mr.P.S.Deka, learned Standing Counsel for respondent No. 1 and Mr.S.R.Barua, learned Govt. Advocate appearing for respondent Nos.3,4 and 5.

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The house of the present petitioner is taken on monthly rental basis by the Office of the Circle Officer, Lala in the district of Hailakandi w.e.f. 1.11.1999. The house rent was assessed at Rs.5,955/- per month w.e.f. 1.11.1999 to 30.10.2004 for a period of five years, initially w.e.f. 1.11.1999 and subsequent thereto w.e.f. 1.11.2004. However, in the subsequent lease the rent was enhanced to Rs.7,433/-. The monthly rent w.e.f. 1.3.2015 to 28.2.2017 amounting to Rs.1,78,392/- was not released and paid to the petitioner though there was due sanction and necessary order from the Director of Land Records and Survey. Being aggrieved this writ petition has been filed for a direction to release the said arrear rent alongwith other reliefs including fixation of house rent and for a direction to pay subsequent monthly rent w.e.f. 1.3.2017 till date.

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Mr.Islam fairly submits that the arrear house rent of Rs 1,78,392/- was released and paid to the present petitioner. However, he sought for fixation of rent by this court. As there is a specific provisions for fixation of rent under the Assam urban Areas Rent Control Act, 1972, under such circumstances the petitioner is advised to approach appropriate forum under the said provisions of Rent Control Act. Regarding the reliefs sought for releasing the rent w.e.f 1.3.2017 till date the authority shall verify and accordingly, release the same if possible within a period of three months from the date of receipt of a copy of this order which will be furnished to the concerned authority by the petitioner.

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Page No.# 3/3

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This writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Rousenara Begum Laskar v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Rousenara Begum Laskar v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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