Writ petition filed by a parking slot lessee seeking relief after termination of lease due to alleged fraud, where respondent authorities failed to act on a representation submitted despite notice.
Direction to respondent no. 3 to consider representation dated 16/07/2023, hear petitioner, and dispose of matter with reasoned order within three weeks.
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GAHC010156052023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4032/2023
M/S MUKULSON A PROPRIETORSHIP FIRM REP. BY ITS PROPRIETOR ARUP SARKAR, AGED 34 YRS, HAVING ITS OFFICE AT ODALBAKRA, LOKHRA ROAD, GUWAHATI-34, DIST- KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM AND ORS
REP. BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, GUWAHATI DEVELOPMENT DEPARTMENT ,ASSAM SECRETARIAT,DISPUR, GUWHAATI-781006, ASSAM
2:GUWAHATI MUNICIPAL CORPORATION REP BY THE COMMISSIONER HAVING ITS HEAD OFFICE AT BHANGAGARH GUWAHATI-05 DISTRICT- KAMRUP(M) ASSAM
3:THE COMMISSIONER
GUWAHATI MUNICIPAL CORPORATION HAVING ITS OFFICE AT PANBAZAR GUWAHATI DISTRICT- KAMRUP(M) ASSAM PIN- 781001.
4:THE ADDITIONAL COMMISSIONER GUWAHATI MUNICIPAL CORPORATION
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HAVING ITS OFFICE AT BHANGAGARH GUWAHATI-05 DISTRICT- KAMRUP(M) ASSAM
5:THE JOINT COMMISSIONER GUWAHATI MUNICIPAL CORPORATION HAVING ITS OFFICE AT BHANGAGARH GUWAHATI-05 DISTRICT- KAMRUP(M) ASSAM
6:THE COLLECTOR GUWAHATI MUNICIPAL CORPORATION HAVING ITS OFFICE AT BASISTHA CHARIALI GUWAHATI-29 DISTRICT- KAMRUP(M) ASSA
Advocate for the Petitioner : R SARMAH
Advocate for the Respondent : SC, GMC
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 11/08/2023
Heard Mr. R.B. Phukan, learned counsel for the writ petitioner. None has appeared for the respondents although the name of the learned Standing Counsel, GMC/GDD has been duly reflected in the cause list today.
The writ petitioner herein was the sitting lessee of the parking slot at Ganeshguri Flyover. According to the petitioner, on receipt of some false inputs, the authorities had issued show cause notice dated 23/06/2023 and subsequently terminated the lease agreement vide order dated 11/07/2023, without considering the reply dated 23/06/2023 furnished by the petitioner.
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According to the petitioner, some fraudstars were collecting money as parking fees in the name of the petitioner. Having detected the fraud, the petitioner had lodged an FIR with the Dispur Police Station by enclosing a copy of the bill raised in the name of NK TV by one operator in the name and style of M/s. Deka Tours and Travels. Based on the FIR, a police case has also been registered and the mater is being investigated by the Police. The petitioner had submitted a representation dated 16/07/2023 before the Joint Commissioner of Guwahati Municipal Corporation (GMC), bringing the aforesaid fact to his notice with a request to revoke the order of termination of settlement of parking slot. However, Mr. Phukan submits that no action has been taken on the said representation till today. Aggrieved thereby, the instant writ petition has been filed.
Although, notice appears to have been served upon the said authorities, the learned Standing Counsel, GMC/GDD are not present today. As such, the stand of the respondent authorities is not known.
Be that as it may, having regard to the urgency expressed by the petitioner’s counsel, this Court is left with no other option but to dispose of the writ petition with a direction upon the respondent no. 3 to consider the representation dated 16/07/2023 (Annexure-J to the writ petition) and dispose of the same with a reasoned order, after hearing the version of the petitioner and on due application of mind on the facts and circumstances of the case as well as the documents produced before him.
The aforesaid exercise be carried out and completed as expeditiously as possible but at any rate, not later than 3 (three) weeks from the date of receipt of a certified copy of this order.
With the above observation, the writ petition stands disposed of.
JUDGE
sukhamay
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to a direction for the respondent to consider the petitioners representation regarding the termination of lease and dispose of it expeditiously.
M/s Mukulson A Proprietorship Firm Rep. by its Proprietor Arup Sarkar
2:Guwahati Municipal Corporation Rep by the Commissioner
Suman Shyam
As recorded by the court registry
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