Disposed

Jitendra Chandra Kalita v. the Goalpara Development Authority and 2 Ors.

Gauhati HC7 Aug 2023WP(C)/2810/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking arrear rent. Finding that the State is a duty-bound to pay dues when in occupation but facts were unclear, it directed the Respondents to verify the amount payable from September 2016 and pay it within six weeks.

What did the court decide?

Direction to Respondents to verify the amount due to the petitioner since September, 2016 and pay the same within six weeks.

Jitendra Chandra Kalita Vs the Goalpara Development… — Landlord and Tenant | Gauhati HC (2023)

¶1

Page No.# 1/3

¶2

GAHC010073422021

¶3

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

¶4

Case No. : WP(C)/2810/2021

¶5

JITENDRA CHANDRA KALITA

¶6

S/O LATE KALI CHARAN KALITA

¶7

RESIDENT OF NEW GOALPARA, BIHUFIELD, BALADMARI, NEAR DURGA MANDIR, PO, PS AND DIST GOALPARA, ASSAM

¶8

VERSUS

¶9

THE GOALPARA DEVELOPMENT AUTHORITY AND 2 ORS OFFICE OF THE GOALPARA DEVELOPMENT AUTHORITY, GOALPARA, ASSAM

¶10

2:THE CHAIRMAN

¶11

GOALPARA DEVELOPMENT AUTHORITY GOALPARA ASSAM

¶12

3:THE MEMBER SECRETARY

¶13

GOALPARA DEVELOPMENT AUTHORITY GOALPARA ASSA

¶14

For the Petitioner : Mr. N. Chaudhury, Advocate.

¶15

For the Respondents : Ms. M. Barman, Advocate.

¶16

Page No.# 2/3

¶17

BEFORE

¶18

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

¶19

ORDER

¶20

07.08.2023

¶21

The instant writ petition has been filed seeking a direction upon the Respondent Authorities to pay the arrear rent of Rs.2,55,732/- which had accrued upon the Petitioner from September, 2016 till the date of filing of the writ petition alongwith 7% interest per annum.

¶22

It appears on record that this Court had issued notice on 14.07.2021 and the order of the Lawazima Court dated 19.06.2023 shows that the service upon the Respondent Nos. 1, 2 & 3 are complete. From a perusal of the writ petition, the claim so made is on the basis that the Respondent Nos. 1, 2 & 3 are in occupation of the Petitioner’s premises and the said Respondents have not made payment to the Petitioner for which the instant writ petition has been filed seeking a direction upon the said Respondents to make payment of the arrear dues of an amount of Rs. 2,55,732/- alongwith interest @ 7%. The fact that as to whether the Petitioner is entitled to the amount of Rs.2,55,732/- or as to whether the Respondent Nos. 1, 2 & 3 are in occupation of the premises of the Petitioner cannot be ascertained in the instant proceedings.

¶23

Be that as it may, it is however relevant to take note of that if the Respondent Nos. 1, 2 & 3 which is a State within the meaning of Article 12 of the Constitution are in occupation of the Petitioner’s premises, the said Respondents are duty bound to make payment of the dues to the Petitioner. Under such circumstances, the instant writ petition stands disposed off with a direction to the Respondent Nos. 1, 2 & 3 to verify as to what amount the

¶24

Page No.# 3/3

¶25

Petitioner is entitled to since September, 2016 in respect to his premises and upon verification if any amount is found payable to the Petitioner, the same be paid within a period of six weeks from the date a certified copy of the instant order is served upon the Respondents.

¶26

JUDGE

¶27

Comparing Assistant

Jitendra Chandra Kalita v. the Goalpara Development Authority and 2 Ors.

Case brief

What is this about?

What did the court decide?

Jitendra Chandra Kalita v. the Goalpara Development Authority and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dipamoni Gogoi Vs the State of Assam and 4 Ors.

Sumit Das Vs the State of Assam and 5 Ors.

Phulendra Nath Pathak Vs the State of Assam and 5 Ors.

Dharampal Satyapal Ltd. Vs the State of Assam and Anr.

Uttam Phangso and 4 Ors. Vs the State of Assam and 3 Ors.

Prakash Chandra Saikia Vs the State of Assam and 2 Ors.