The New Market PMC Stall Holders Association vs The Patna Municpal Corporation Patna and Others

V.N. Sinha, J.—Learned Counsel for the petitioner in C.W.J.C. No. 16610/2004 has filed supplementary affidavit which is taken on record. Heard Learned Counsel for the petitioners and Learned Counsel appearing for the Corporation. Petitioner in C.W.J.C. No. 16610/2004 is the Association of the Stall Holders situate in the New Market, Patna. The stalls have been allotted by the Patna Municipal Corporation and the allotment has been followed by the execution of the lease document containing the terms of the allotment. Petitioners have approached this Court for a direction to the Corporation not to revise the rent of the stall premises by more than 5/4 times as also not to recover the revised rent by resorting to the provisions contained in Chapter-XII of the Patna Municipal Corporation Act (hereinafter referred to as ''the Act''). Petitioners in the connected case has also filed the writ application for similar relief as such both the writ cases were heard together and is being disposed of with the common order.

Learned Senior Advocate appearing in support of the writ petition submits that the present revision and recovery of rent is contrary to the provisions of Chapter-XII of the Act and is required to be quashed by this Court. this Court should dispose of the two writ applications in same terms in which C.W.J.C. No. 12365 of 2004 was disposed of under order dated 15.3.2005.

Instead of quashing the order revising rent I deem it expedient to call upon the petitioners to file a representation before the Chief Executive Officer, Patna Municipal Corporation, Patna raising all the pleas which they have raised in the present writ petitions, whereafter the C.E.O. of the Corporation shall consider the representation after giving opportunity of hearing to the Secretary or the authorised representative of the petitioner''s Association and the petitioners of connected writ petition i.e. C.W.J.C. No. 3877 of 2005. The C.E.O. after hearing the petitioners or their representatives and the counsel for the Corporation shall pass speaking order revising the rent keeping in view the earlier agreement dated 14.2.1995 by which the last revision of rent was made. The two writ applications are disposed of in the same terms as contained in the order dated 15.3.2005 passed by this Court in C.W.J.C. No. 2365 of 2004.

In terms of paragraph-7 of the supplementary affidavit filed today, Title Suit No. 30 of 2003 pending in the court of the Execution Munsif, Patna shall be deemed to have been withdrawn with effect from today itself.

Rent deposit made by the petitioners should be accepted which shall be subject to the final order passed by the C.E.O., PMC. Both writ petitions stand disposed of. No cost.