A writ petition challenging a municipal corporation's order enhancing rent was dismissed as infructuous. The court noted that the respondent had voluntarily revised the rent during the petition's pendency, leaving no substantive dispute to adjudicate.
The writ petition stands dismissed for being infructuous.
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.
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GAHC010019862023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/500/2023
RAM KUMAR MAHATO AND 11 ORS S/O LATE CHUN CHUN MAHATO R/O M.S. ROAD, RAILWAY GATE NO. 4, GUWAHATI-781001, DIST. KAMRUP (M), ASSAM
2: NILESH SHARMA S/O LATE SHYAM SUNDAR SHARMA R/O FATASHIL AMBARI TULA FACTORY MILAN PATH
GUWAHATI-781025 DIST. KAMRUP (M) ASSAM 3: RAJ KUMAR SHAW S/O LATE SALIK RAM SHAW R/O 64 B.K. KAKATI ROAD NEAR GURU NANAK ARYA NAGAR GUWAHATI-781008
DIST. KAMRUP (M) ASSAM
4: HANSRAJ SHARMA S/O LATE MADAN LAL SHARMA R/O M.S. ROAD RAILWAY GATE NO. 4 GUWAHATI- 781001 DIST. KAMRUP (M) ASSAM
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5: HAMID ALI S/O LATE HAFIUDDIN R/O ATHGAON A.C. BYE LANE GUWAHATI-781001 DIST. KAMRUP (M) ASSAM 6: KISHAN SHAH S/O LATE SAILENDER SHAH R/O M.S. ROAD
RAILWAY GATE NO. 4 GUWAHATI-781001 DIST. KAMRUP (M) ASSAM 7: JIYAUL HAQUE S/O MANSOOR ALAM RESIDENT OF DHARAPUR AZARA GUWAHATI-781014 DIST. KAMRUP (M) ASSAM 8: MANGILAL SHARMA S/O LATE BHUBANESWAR LAL SHARMA RESIDENT OF 404 A GOKUL PRIDE ITTABHATA GUWAHATI-781025 DIST. KAMRUP (M) ASSAM 9: BABUL CHANDRA SARKAR S/O LATE RATHINDRA CHANDAR SARKAR RESIDENT OF CHATTRIBARI P.O. LANE MATRI BHAWAN HOUSE NO. 13 GUWAHATI-781008 DIST. KAMRUP (M) ASSAM
10: SUNIL KUMAR DEY S/O LATE A.M. DEY
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R/O S.C. ROAD
AHGAON GUWAHATI-781001 DIST. KAMRUP (M) ASSAM 11: KALI PRASAD SHARMA S/O LATE MAHABIR SHARMA R/O M.S. ROAD
RAILWAY GATE NO. 4
GUWAHATI- 781001 DIST. KAMRUP (M) ASSAM
12: SHAKEEL S/O LATE HEDAYAT HUSSAIN R/O H.B. ROAD
KAMARPATTI GUWAHATI -781025 DIST. KAMRUP (M) ASSA
VERSUS
THE GUWAHATI MUNICIPAL CORPORATION AND ANR. REP. BY ITS COMMISSIONER, GUWAHATI-781001, DIST. KAMRUP (METRO), ASSAM
2:THE COMMISSIONER
GUWAHATI MUNICIPAL CORPORATION GUWAHATI-781001 DIST. KAMRUP (METRO) ASSA
Advocate for the Petitioner : MR. S KATAKI
Advocate for the Respondent : SC, GMC
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BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 19.07.2024
Heard Ms. R. Dutta, learned counsel for the petitioners. Also heard Mr. P. Nayak, learned Standing Counsel for GMC.
By filing the instant petition under Article 226 of the Constitution of India, the petitioner are assailing the action of the respondents in enhancing the rent of the rooms of the petitioners vide Notice dated 22.07.2020 situated at New Market, Fancy Bazar at per with the other markets of Guwahat Municipal Corporation without taking note that the lands were allotted to the petitioners and the petitioners had constructed the rooms at their own cost and the respondents are legally entitled to only the rent of the land and not the rent of the rooms.
Today when the matte was called for admission, Ms. R. Dutta, learned counsel for the petitioners submits that during pendency of the writ petition the office of the Municipal Corporation modified the earlier order dated 21.07.2020 and re-fixed the rent of the rooms of the petitioners, which is accepted by them.
A copy of the office order dated 23.03.2023 along with the fixation of the new rate by order dated 27.03.2023 is placed before this Court, which is kept on record and marked as ‘X’.
Mr. P. Nayak, learned Standing Counsel for GMC also makes endorsement endorses to the same effect.
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In view of the aforesaid, it appears that nothing survives for
adjudication.
Accordingly the writ petition stands dismissed for being infructuous.
Disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition challenging the enhancement of rent remains maintainable after the respondent modified the fixed rent during the pendency of the petition.
1 provisions across 1 enactments
RAM KUMAR MAHATO AND 11 ORS
THE GUWAHATI MUNICIPAL CORPORATION
KAUSHIK GOSWAMI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
