Petitioner challenged a rent revision order by a dissolved Bazar Samiti. The Court quashed the order and allowed the Municipal Corporation to re-fix the rent after hearing the petitioner.
Impugned order quashed; liberty granted to Municipal Corporation to re-fix rent after hearing petitioner.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5675 of 2007
====================================================== 1.M/S Mangal Bazar Vyaparik Varg Samiti at Mangal Bazar, Katihar through its President Kamla Prasad Bhagat, son of late Hira Lal Bhagat, Anathalaya Road, Katihar, P.O. and P.S. Katihar, District- Katihar. 2. Misbahul Haque, Secretary, M/S Mangal Bazar Vyaparik Varg Samiti at Mangal Bazar, Katihar son of late Zafirul Haque, resident of Koolipara, Station Road Katihar, P.O. and P.S. Katihar District- Katihar. .... .... Petitioner/s Versus 1.The State Of Bihar 2.The Secretary, Department of Revenue, Bihar, Patna. 3.The District Collector, Katihar 4.The Additional Collector, District Katihar. 5.The Agriculture Produce Market Samiti Katihar through its Special Officer, Katihar, P.O. and P.S. Katihar, District- Katihar. 6.The Sub-divisional Officer-cum- Special Officer Bazar Samiti(Dissolved), Katihar, P.O. and P.S. Katihar, District- Katihar.
.... .... Respondents
======================================================
CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER
13 22-11-2013 In this writ application initially the petitioners had challenged an order dated 30.3.2007(Annexure-7) passed by the Sub-divisional Officer, Katihar in the capacity of Special Officer of Bazar Samiti (now disolved) by which rent of his shop was revised at the rate of 3.50 per square feet per month.
The matter was heard on 24.9.2007 and while granting time to learned counsel for the respondents to file counter affidavit, interim order was passed restraining the respondents from taking any coercive step.
Learned counsel for the petitioners submits that now that the Bazar Samiti stands dissolved and the Municipal Corporation
Patna High Court CWJC No.5675 of 2007 (13) dt.22-11-2013
2
has control over all market area of the town.
In the circumstances this Court considers it appropriate that the Municipal Corporation should be given liberty to look into the matter and ,after hearing the petitioner, to re- fix rent of the shop of the petitioner.
The impugned order dated 30.3.2007 is hereby quashed with the aforesaid liberty to the Municipal Corporation to re-fix the rent of the shop of the petitioner, after giving due opportunity
to him, in accordance with law.
With the aforesaid observation and direction the writ application is disposed of.
(Jayanandan Singh, J)
singh/-
1 issue framed by the court
Whether the dissolution of the Bazar Samiti empowers the Municipal Corporation to re-fix the shop rent after hearing the petitioner.
M/S Mangal Bazar Vyaparik Varg Samiti
State Of Bihar
Jayanandan Singh
As recorded by the court registry
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