Sixty-seven wholesale vegetable and fruit vendors challenged the constitutionality of a rent fixed in tenancy agreements with the Assam State Agriculture Marketing Board, alleging arbitrary fixation. The tenancy agreements had already expired.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/17
GAHC010035362019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
WP(C) 7915/2018
1:MD. KASIM AND 66 ORS. S/O LT. TUHAIODDIN TRP ROAD TINA MASJID COMPOUND P.O. AND P.S. BHARALUMUKH DIST. KAMRUP (M)
2: GAYASUDDIN S/O LT. ISHAQ R/O FA ROAD
MACHKHOWA P.O. AND P.S. BHARALUMUKH DIST. KAMRUP (M) SHOP NO. GF-21
3: BHAG NARAYAN SAH S/O LT. DHODHA SAH R/O GNB ROAD
P.O. PAN BAZAR P.S. LATASIL DIST. KAMRUP (M) SHOP NO. GF-52
4: SHANKAR SAH S/O JATAN SAH R/O ATHGAON P.O. AND P.S. BHARALUMUKH DIST. KAMRUP (M) SHOP NO. FF-46
5: SUNIL KUMAR SAH S/O FULENA SAH
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R/O VISHNUPUR P.O. GOPINATH NAGAR P.S. BHARALUMUKH DIST. KAMRUP (M) SHOP NO. GF-48
6: CHANDRIKA DAS S/O DEVNANADAN DAS R/O GS COLONY FATASHIL P.O.-P.S. BHARALUMUKH DIST. KAMRUP (M) SHOP NO. GF-06.
7: RAJKUMAR SINGH S/O LT. SARAL SINGH R/O RAGHUNATH PATH DHIRENPARA P.O.DHIRENPARA P.S. AMBARI FATASHIL DIST. KAMRUP (M) SHOP NO. GF- 39
8: BABUL KUMAR BARMAN S/O BIREN BARMAN R/O SREEMANTA PATH DHIRENPARA P.O. DHIRENPARA P.S. AMBARI FATASHIL DIST. KAMRUP (M) SHOP NO. FF-64.
9: RAMA SHANKAR PRASAD S/O LT. RAM SARUP PRASAD
PAMOHI ROAD NEAR FRUITS AND VEGRETABLES WHOLES MARKET P.O. - P.S. GARCHUK DIST. KAMRUP (M) SHOP NO. GF-51.
10: SANJAY KUMAR SAH S/O FULENA SAH R/O BISHNUPUR MAIN ROAD P.O. GOPINATH NAGAR P.S.BHARALUMUKH DIST. KAMRUP (M)
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SHOP NO. GF-47
11: MD. RASHID S/O ATTAWAR RAHMAN R/O ATHGAON ALU GODAM ROAD P.O.- P.S. BHARALUMUKH DIST. KAMRUP (M) SHOP NO. GF-61.
12: ACHHE LAL SAH S/OLT. MAHANT SAH R/O BISHNUPUR KULIPATTI P.O. GOPINATH NAGAR P.S. BHARALUMUKH DIST. KAMRUP (M) SHOP NO. GF-82.
13: AINUL HAQUE S/O LT. ABDUL RAUF R/O UPPATH BHARALUMUKH P.O.-P.S. BHARALUMUKH DIST. KAMRUP (M) SHOP NO. AT-04
14: AFTAB ALAM S/O SAIKH ABDULLAH R/O BISHNU RABHA PATH P.O.- P.S. AMBARI FATASHIL DIST. KAMRUP (M) SHOP NO. GF- 62.
15: NESAR ALI S/O NASIMUDDIN SHOP NO. AT-08 KUMARPARA MAIN ROAD P.O.- P.S. BHARALUMUKH DIST. KAMRUP (M)
16: ABDUL HUSSAIN S/O LT. HAFIZULLAH R/O H.B. ROAD KAMARPATTY MASJJID LANE P.O.- P.S. PAN BAZAR
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DIST. KAMRUP (M) SHOP NO. GF-74.
17: SHAKIL AHMED S/OLT. HEDAYAT HUSSAIN R/O H.B. ROAD KAMARPATTY MASJID LANE P.O.- P.S. PANBAZAR DIST. KAMRUP (M) SHOP NO. FF-28
18: YADAB LAL SAH S/O LT. MANGAL SAH R/O CHAMBER OF COMMERCE ROAD
P.O.- P.S. FANCY BAZAR DIST. KAMRUP (M) SHOP NO. FF-04. 19: NAZRUL ISLAM S/O LT. MD. ALI R/O MACHARA P.O.- P.S. KASUMARA DIST. BARPETA SHOP NO. FF-38
20: MADAN MOHAN PRASAD S/OLT. BADRI NARAYAN LAL R/O SHANTIPUR HILL SIDE P.O.-P.S. BHARALUMUKH DIST. KAMRUP (M) SHOP NO. GF-43
21: AMAR PRASAD S/O LATE BADRI NARAYANLAL R/O SHANTIPUR HILL SIDE P.O.- P.S. BHARALUMUKH DIST. KAMRUP (M) SHOP NO. GF-41
22: UMESH KUMAR GUPTA S/OLT. SHRI RAM GUPTA R/O SCRB ROAD
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P.O. - P.S. FANCY BAZAR DIST. KAMRUP (M) SHOP NO. AT-09.
23: BROJEN ROY S/O LT. UMESH ROY R/O RAGHUNATH PATH DHIRENPARA P.O. DHIRENPARA P.S. AMBARI FATASHIL DIST. KAMRUP (M) SHOP NO. GF-32.
24: ABDUL WAHAB S/O LT. MD. ASIQ R/O TRP ROAD
P.O. -P.S. BHARALUMUKH DIST. KAMRUP (M) SHOP NO. AT-11
25: RAHMAT HUISSAIN S/OLT. ABDUL MAJID SHOP NO. AT-07 FA ROAD MACHKHOWA MASJID LANE P.O.- P.S. BHARALUMUKH DIST. KAMRUP (M)
26: JAYANATA DAS S/O PHUL SINGH DAS R/O KENDU KUCHI P.O. BHETAPARA P.S. AZARA DIST. KAMRUP (M) SHOP NO. GF-55
27: BIMAL DAS S/O SONESWAR DAS R/O KENDU KUCHI P.O. BHETAPAA P.S. AZARA DIST. KAMRUP (M) SHOP NO. FF-44
28: AHMED ALI S/O BASER ALI
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R/O GANESHPARA CHAMPAK NAGAR P.O.- P.S. AMBARI FATASHIL DIST. KAMRUP (M) SHOP NO. FF-08
29: ABUL KASHEM ALI S/O ROHIZUDDIN R/O KATABARI NIZARAPAR P.O- P.S. GARCHUK DIST. KAMRUP (M) SHOP NO. FF-35
30: NISAMUDDIN S/O ISH MAHAMMAD SHOP- NO. FF-65 KUMARPARA MAIN ROAD
DIST. KAMRUP (M)
31: MANSUR ALAM S/O LT. DILMAHAMMAD R/O DHARAPUR MILAN NAGAR BEHIND CRPF CAMP P.O. DHARAPUR P.S. AZARA DIST. KAMRUP (M)
SHOP NO. GF-29
32: MAZIBUL HAQUE S/O MANSUR ALAM R/O DHARAPUR MILAN NAGAR BEHIND CRPF CAMP P.O. DHARAPUR P.S. AZARA DIST. KAMRUP (M)
SHOP NO. FF-31
33: AMAL DAS S/O RAKHAL DAS R/O AMBARI TINALI NRIPEN BORA PATH
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P.O.-P.S. AMBARI FATASIHIL DIST. KAMRUP (M)
SHOP NO. GF-36
34: UDAY NARAYAN SAH S/O LT. ANCHIT SAH R/O ASHRAM PATH SANTIPUR P.O.- P.S. BHARALUMUKH DIST. KAMRUP (M)
SHOP NO. GF-26
35: NAUSHAD ALI S/O LT. HIDITULLA R/O DIBRUGARH P.O.-P.S. DIBRUGARH DIST. DIBRUGARH SHOP NO. GF-12
36: ALAM ALI S/O INAMUL HUSSAIN R/O JAYA NAGAR P.O.- P.S. DISPUR DIST. KAMRUP (M)
SHOP NO. GF-42
37: DINANATH SAH S/O LT. SATYA NARAYAN SAH SHOP NO. FF-72 R/O CHAMBER OF COMMERCE ROAD
P.O.- P.S. FANCY BAZAR DIST. KAMRUP (M)
38: SAMBHU KUMAR DEY S/OLT. HARI MOHAN DEY R/O TOKOBARI KALI MANDIR HAREN KALITA PATH P.O. REHABARI PO.S. BHARALUMUKH DIST. KAMRUP (M)
SHOP NO. GF-18
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39: MD. MUSA S/OLT. ABDUL HASSAN SHOP GF-02 TRP ROAD TINA MASJID COMPOUND P.O.-P.S. BHARALUMUKH DIST. KAMRUP (M)
40: SERAJUDDIN AHMED S/OLT. ALLAUDDIN R/O MAHUAWA SHOP NO. GF-04 KAMARPATTY MASJID LANE P.O.- P.S. PANBAZAR DIST. KAMRUP (M)
41: SHYAM NARAYAN SAH S/O LT. ANCHIT SAH R/O ASHRAM PATH SANTIPUR P.O. - P.S. BHARALUMUKH DIST. KAMRUP (M)
SHOP NO. FF-32
42: MAYNUL HAQUE S/O ALIMUDDIN R/O PUBMAHCHARA NONKE P.O.-P.S. KASUMARA DIST. BARPETA
SHOP NO. GF-68
43: ISLAUDDIN SEIKH S/O LT. MD. ISMAIL R/O FA ROAD
KUMARPARA NEAR RLY. GATE NO. 6 P.O.-P.S. BHARALUMUKH DIST. KAMRUP (M)
SHOP NO. GF-40
44: SURENDRA PRASAD SAH S/O LT.MANGAL SAH
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R/O MM ROAD MACHKHOWA P.O. MACHKHOWA P.S. FANCY BAZAR DIST. KAMRUP (M)
SHOP NO. GF-70
45: AMIR HASSAN S/O LT. ABDUL WAHID SHOP NO. GF-30 R/O FA ROAD
KUMARPARA NEAR RLY. GATE NO. 6
P.O.- P.S. BHARALUMUKH DIST. KAMRUP (M)
46: NAWAL KISHORE SAH S/O BACHHU SAH SHOP NO. AT-06 PAMOHI ROAD
NEAR FRUITS AND VEGETABLE WHOLESALE MARKET P.O. - P.S. GARCHUK DIST. KAMRUP (M)
47: M/S DEEPAK ENTERPRISE PROP. BISHESWAR GUPTA S/O LT. RAM DEV GUPTA R/O MAINA KHORONG PAMOHI ROAD
P.O.- P.S. GARCHUK DIST. KAMRUP (M)
SHOP NO. FF-75
48: MD. SAFIUDDIN AHMED S/OLT. MD. HALDER R/O ARUNODOI PATH SHREEMANTAPUR P.O. DISPUR CHIRALAI NAGAR P.S. BHANGAGARH
DIST. KAMRUP (M) SHOP NO. GF-64
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49: GOBINDA KUMAR SAH S/O LT. JAGAT LAL SAH R/O BISHNUPUR COLLEPATTI P.O. GOPINATH NAGAR P.S. BHARALUMUKH DIST. KAMRUP (M)
SHOP NO. GF-23
50: SAMSUL HODA S/O LT. MUBARAK HUSSAIN SHOP NO. FF-12 KAMARPATTY MASJID LANE P.O.- P.S. PANBAZAR DIST. KAMRUP (M)
51: NIRMAL DAS S/O RAKHAL DAS R/O AMBARI TINALI NRIPEN BORA PATH P.O. - P.S. AMBARI FATASHIL DIST. KAMRUP (M)
SHOP NO. GF-57
52: AMAR SAHA S/O ANIL CHANDRA SAHA R/O BISHNUPUR CHOUDHRY LANE P.O. GOPINATH NAGAR P.S. BHARALUMUKH DIST. KAMRUP (M)
SHOP NO. FF-61
53: ANARUL ISLAM S/O ABDUL KHALEK R/O BORTHAL DOLOIGOAN P.O. DOLOIGOAN P.S. MOIRABARI DIST. MORIGAON SHOP NO.AT- 12.
54: JAKIR HUSSAIN S/O ABDUL MOTALIB
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R/O BORTHAL DOLOIGOAN P.O. DOLOIGOAN P.S. MOIRABARI DIST. MORIGAON SHOP NO. FF-81
55: TAPAN DEB NATH S/O UPANDRA DEB NATH R/O AK DEV PATH FATASHIL KAILASHPUR P.O. - P.S. BHARALUMUKH DIST. KAMRUP (M)
SHOP NO. FF-29
56: SAH JAHAN ALI S/O HAIDAR ALI R/O GELLEPARA P.O. - P.S. SARJBHOG DIST. BARPETA SHOP NO. GF-19
57: MUKSIDUL ISLAM S/O SURHAF ALI R/O BORTHAL KACHARIGAON P.O. DOLOIGOAN P.S.MOIRABARI DIST. MORIGAON SHOP NO. GF-65
58: BASISTHA MUNI GUPTA S/O LT. GANESH PRASAD GUPTA R/O SRCB ROAD FANCY BAZAR P.O-P.S. FANCY BAZAR DIST. KAMRUP (M)
SHOP NO. GF-13
59: MAHMOOD ALAM S/O LT. MD. IDRISH SHOP NO. GF- 78 R/O FA ROAD
MACHKHOWA P.O.- P.S. BHARALUMUKH
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DIST. KAMRUP (M)
60: ABUL HUSSAIN FARUKI S/O LT. BASIRUDDIN AHMED R/O FA ROAD
MACHKHOWA P.O.- P.S. BHARALUMUKH DIST. KAMRUP (M)
SHOP NO. GF-63
61: SAMI AHMED S/O SEIKH ABDULLAH R/O BISHNU RABHA PATH DHIRENPARA P.O. DHIRENPARA P.S. AMBARI FATASHIL DIST. KAMRUP (M)
SHOP NO. GF-38
62: M/S SHREE KRISHNA BHANDAR PROP. MOHAN BAYAN AGE- 47 S/O LT. MANIK BAYAN R/O AMBARI TINIALI P.O.- P.S.AMBARI FATASHIL DIST. KAMRUP (M)
SHOP NO. FF-40
63: RAHMATULLAH ANSARI S/O LT. DOST MAHAMMAD R/O FA ROAD
MACHKHOWA P.O. - P.S. BHARALUMUKH DIST. KAMRUP (M)
SHOP NO. GF-27
64: SAMIULLAH S/O LT. ABDUL MAZID R/O FA ROAD
MACHKHOW P.O.- P.S. BHARALUMUKH
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DIST. KAMRUP (M)
SHOP NO. GF-45
65: ZAKIR HUSSAIN S/O ABDUL ALI R/O KATABARI NEAR MASJID P.O.- P.S. GARCHUK DIST. KAMRUP (M)
SHOP NO. GF-67
66: JAKIR HUSSAIN S/O ABDUL KHALIL MIYAN SHOP NO. GF- 10 R/O KATABARI NEAR MASJID P.O.- P.S. GARCHUK DIST. KAMRUP (M)
67: SHEO NATH PRASAD S/OLT. SATYA NARAYAN PRASAD R/O C/O DEEPAK BORO PAMOHI ROAD
NEAR FRUITS AND VEGETABLE WHOLWSALE MARKET P.O.- P.S. GARCHUK DIST. KAMRUP (M)
SHOP NO. AT-10 VERSUS
1:ASSAM STATE AGRICULTURE MARKETING BOARD AND 3 ORS. RAM KRISHNA MISSION ROAD
ULUBARI GUWAHATI -7 REP. BY ITS CHAIRMAN.
2:THE CHIEF EXECUTIVE OFFICER ASSAM STATE AGRICULTURE MARKETING BOARD RAM KRISHNA MISSION ROAD
ULUBARI GUWAHATI -7
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3:THE CHAIRMAN GUWAHATI SUB-DIVISIONAL MARKET COMMITTEE
UPHARLALI KAMRUP ASSAM- 788122.
4:THE SECRETARY GUWAHATI SUB-DIVISIONAL MARKET COMMITTEE UPARHALI KAMRUP ASSAM- 788122.
Advocate for the Petitioner : MR. R HUSSAIN Advocate for the Respondent : SC A S A M B
BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 04-06-2019
Heard Mr. R Hussain, learned counsel for the petitioners and Mr. BD Konwar, learned Senior Counsel for the respondents.
Sixty seven petitioners have joined together and have instituted the present common proceeding under Article 226 of the Constitution of India seeking a direction to the respondents to re-draw agreements dated 14.11.2017 executed between respondent No.3 i.e., Guwahati Sub-Divisional Market Committee on the one hand and each of the petitioners on the other hand.
Basic grievance expressed is that the rent fixed for the leased out premises in terms of the tenancy agreements dated 14.11.2017 is excessive without having any co-relation to the location and other relevant factors governing fixation of rent in the market.
Though elaborate submissions have been made by learned counsel for the parties, it may not be necessary to delve into the same in detail. Suffice it to say, petitioners are wholesale vegetable and fruit vendors and they were earlier engaged in selling those perishable goods at Machkhowa market within Guwahati city. A series of litigation ensued
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between vendors and the State authorities, including Guwahati Municipal Corporation and respondent Nos.2 and 3. Ultimately, matter reached the Supreme Court in Civil Appeal No.7517/2011 (Md. Murtaza Vs. State of Assam) and Civil Appeal No.7518/2011 (Shaukat Ali Vs. State of Assam) . By a common judgment and order dated 29.01.2011, Supreme Court opined that appellants i.e., the whole sellers of vegetables and fruits and other wholesale traders should shift to the wholesale market on the outskirts or outside the city limit of Guwahati. Direction was issued for constitution of committee with the further direction that such committee should hold consultation with the representatives of wholesale traders and thereafter make allotment in the new market. It was directed that all whole sellers inside Guwahati city should be allowed to apply for allotment of space in the wholesale market and if such applications were made, to consider the same in a fair and non-arbitrary manner without resorting to any pick and chose method. The entire exercise was directed to be completed within one year.
Thereafter discussions were held between representatives of the whole sellers and the respondents on 27.08.2009; minutes of which have been placed on record. As per discussion, it was unanimously agreed upon that Guwahati Sub-Divisional Market Committee would provide as many rooms/accommodation in the market as per plan and estimate. After allotment of accommodation to 110 traders first, remaining accommodation would be provided to other applicants. It was decided that monthly rent for accommodation would be finalized in a rational basis by the respondents in due course. Thereafter lottery was held, following which allotment of rooms/shops in the Fruits and Vegetable Wholesale Market at Pamohi (Garchuk) was made. This has reference to notice dated 17.10.2017. It appears that altogether 128 whole sellers were given allotment.
It was thereafter that individual tenancy agreements were entered into between respondent No.3 and each of the vendors called lessee on 14.11.2017. Clause 3 of the tenancy agreement provided that lessee was required to pay rent for the premises at the rate of Rs.4,000/- per month, which was inclusive of maintenance. Provisions were made for making security deposit. As per Clause 6, the tenancy agreement was valid for 11 months with option to the lessee to renew the tenancy agreement for such further term as may be agreed upon.
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Thus the tenancy agreements were valid till 13.10.2018. After expiry of the tenancy agreement, the present writ petition came to be filed on 16.11.2018.
It is contended that petitioners do not have equal bargaining power vis-a-vis respondents. Taking advantage of unequal bargaining power, respondents have arbitrarily fixed excessive rent for the premises, which the petitioners had to accept, they having no other alternative. In this connection, learned counsel for the petitioners has referred to rents fixed at Siliguri and at Kanpur. Mr. Hussain has also referred to provisions of the Assam Agricultural Produce Market Act, 1972 and contends that such arbitrary and irrational fixation of rent is not permissible. He has also referred to a decision of the Supreme Court in Balmer Lawrie & Company Ltd. Vs. Partha Sarathi Sen Roy , reported in (2013) 8 SCC 345 .
Countering the submissions of learned counsel for the petitioners, Mr. Konwar, learned counsel for the respondents submits that nobody had compelled the petitioners to enter into agreements with the respondents. Petitioners had accepted the rent with open eyes and thereafter had signed the agreements. After expiry of the period of the agreements, the present writ petition has been filed. Referring to paragraph 4 of the interlocutory application filed by the respondents, Mr. Konwar submits that taking advantage of the interim order passed by this Court, petitioners have not deposited rental dues for last several months, thereby causing serious loss to the respondents.
Submissions made by learned counsel for the parties have been considered. Also perused the materials on record.
At the outset, it has to be pointed out that tenancy agreements of the petitioners with respondent No.3 signed on 14.11.2017 had already expired, those being valid for only 11 months. Ofcourse, there is provision to renew the tenancy agreements or to enter into fresh agreements. In the minutes of the meeting held on 27.08.2009 between the parties, it was decided that monthly rent for the accommodation would be finalized on a rational basis by the Marketing Board. In the hearing Mr. Konwar has fairly submitted that at the time of renewal of tenancy agreements or entering into fresh tenancy agreements, grievance of the petitioners will certainly be factored in by the respondents. Petitioners may also make representations before respondent No.3 highlighting their grievances with regard to fixation
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of rents for the premises which shall be taken into account by respondent No.3 while finalizing fresh tenancy agreements or renewal of tenancy agreements.
In view of above, respondent No.3 may hold a meeting with the petitioners or their representatives and discuss the grievance of the petitioners regarding fixation of rent. Proceedings of the meeting should be minuted. However, since petitioners have continued occupation of the premises during this period, they shall continue to pay the rent as per the earlier tenancy agreements dated 14.11.2017 till fresh agreements are signed between the parties within 30 days from today.
Writ petition is disposed of in the above terms. No costs.
JUDGE
Biplab
Comparing Assistant
1 issue framed by the court
Whether this Court can direct the respondents to re-draw tenancy agreements fixing excessive rent.
Colour shows how this judgement treated each authority
Md. Murtaza Vs. State of AssamReferred¶151
Civil Appeal No.7517/2011 (Md. Murtaza Vs. State of Assam)
Shaukat Ali Vs. State of AssamReferred¶151
Civil Appeal No.7518/2011 (Shaukat Ali Vs. State of Assam)
Balmer Lawrie & Company Ltd. Vs. Partha Sarathi Sen RoyReferred¶156
Balmer Lawrie & Company Ltd. Vs. Partha Sarathi Sen Roy
2 provisions across 2 enactments
MD. KASIM AND 66 ORS.
ASSAM STATE AGRICULTURE MARKETING BOARD AND 3 ORS.
Ujjal Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
