Disposed

Kunmum Mohanty v. Commissioner of Endowments Odisha

Orissa HC24 Dec 2020WP(C)/33146/2020

Case brief

AI extract

What is this about?

A single-benchHCdisposesfourwritpetitionschallengingorientationsofrentbythecommissionerofendowments directedfreshrentfixationtothepetitionerswhorunshopsinendowmentsenterprises,Courtdirectsa hearingbeforerentfixationconsideringpetitionersdifficultiesincludingCOVID-19impact.

What did the court decide?

Direction to give opportunity of hearing to petitioners before fixing market rent and consider COVID-19 difficulties.

Kunmum Mohanty Vs Commissioner of Endowments Odisha — Landlord and Tenant | Orissa HC (2020)

¶1

W.P.(C) No. 33146 of 2020

¶2

W.P.(C) Nos. 33146, 36108, 36330 & 36335 of 2020

¶3

24.12.2020 This matter is taken up through video conferencing.

¶4

The petitioners in all these writ petitions are aggrieved by the order dated 31.05.2019 passed by the Commissioner of Endowments, Odisha, wherein a direction was issued to the Assistant Commissioner of Endowments, Bhubanesar to enquire and fix for rent per Sq. ft after making a survey of the prevailing market price of the shop rooms in the said area and its vicinity. Thereafter the Executive Officer with the help of Inspector of Endowments, Bhubaneswar is to measure each of the shop room to calculate the rent to be accessed from each shop room.

¶5

Since the grievance of the petitioners in these writ petitions are one and the same, such writ petitions are taken together and disposed of by this common order.

¶6

¶7

Learned counsel for the petitioners submits the petitioners and the parents of some petitioners as the lessee were the shop keepers and they were running their respective business in the shop rooms allotted by the Rajadhani Puja Samiti since 1987 by executing agreements between the parties. The petitioners have been paying regular rent as per the terms and conditions and also complying the terms and conditions of the agreement. Initially the tenancy was for a period of 10 years commencing from the year 2006 till 2016 and thereafter tenancy was renewed for a further period of five years in respect of some of the petitioners, stipulating certain

¶8

¶9

terms and conditions and fixing the enhanced rent. The petitioners are also paying the enhanced rent. The renewal of agreement is to expire in March, 2021. Without considering the same, the Commissioner of Endowments passed an order on 31.05.2019 observing that the rent of the shop rooms is much less than the actual market rate and accordingly directed the Assistant Commissioner of Endowments to fix fresh rent and to execute a fresh agreement. According to him, the petitioners are small shop keepers are eking out their livelihood by running such shop rooms. They will lose their livelihood in case they will be deprived of such shop rooms which are in their occupation.

¶10

Considering the submission made by learned counsel for the petitioners and after going through the records, this Court disposes of all the writ petitions with a direction to the Assistant Commissioner of Endowments, Bhubaneswar-opposite party no.2 to give opportunity of hearing to the petitioners and consider the objections, if any filed by the petitioners, while implementing the order of the Commissioner of Endowments dated 31.05.2019 and thereafter to fix the market rent. The said authority shall also consider the difficulties faced by the petitioners due to pandemic of COVID-19 while fixing the arrear rent and realization of the same sympathetically.

¶11

The above exercise shall be completed within a period of two months from today, on production of a copy of this order and result thereof shall be communicated to the petitioners accordingly. No coercive action shall be taken

¶12

¶13

against the petitioners till a decision is taken by the Assistant Commissioner of Endowments, Bhubaneswar, as indicated above.

¶14

The petitioners may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with the certified copy in the manner prescribed, vide Court’s notice No.4587, dated 25.03.2020.

¶15

……………… S.Panda,J.

¶16

…..……………… K.R.Mohapatra, J

Kunmum Mohanty v. Commissioner of Endowments Odisha

Case brief

What is this about?

What did the court decide?

Kunmum Mohanty v. Commissioner of Endowments Odisha

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

Bidyut Kumar Nayak Vs State of Odisha

Sujit Ku Swain @ Sujit Kumar Swain @ Milan Vs State of Orissa

Dibasar Chhatria Vs State of Orissa

Padalav Mallik Vs State of Odisha

Orissa Private Engineering College Association Vs the State of Odisha

Gyanranjan Behera Vs State of Odisha