Point of Law : Every State action must be informed by reason and it follows that an act uniformed by reason is per se arbitrary.

JUDGEMENT :

The writ petition has been preferred by the petitioner under Article 226 of the Constitution of India on the ground that the petitioner has been deprived of her legitimate dues towards rent for the period w.e.f. 01.04.2010 to 30.11.2015 in respect of her subject-property.

2. The facts, which are not in dispute, can be stated as follows :-

2.1. The petitioner is the absolute owner and possessor of a plot of land measuring 2 Bighas 3 Kathas 16 Lessas [02B-03K-16L], covered by Dag no. 308 and K.P. Patta no. 10, located in village -Kalibari, Mouza – Mahabhoirab, in the district of Sonitpur [hereinafter referred to as ‘the subject-plot’, for short]. Within the subject-plot, there is a Bungalow, staff quarters, etc. [hereinafter referred to as ‘the subject-house’, for easy reference]. The subject-house and the subject-plot together are referred to hereinafter as ‘the subject-property’, for convenience. There are also several valuable trees within the boundaries of the subject-plot.

2.2. In the year 1995, the Special Superintendent of Police [B], Assam Arunachal Inter State Sector, Tezpur wrote to the petitioner vide his letter dated 01.09.1995 informing her that they would take the subject-house on rent for office-cum-residence for locating the newly created office of the Special Superintendent of Police [B], Assam Arunachal Inter State Sector, Tezpur. It was further informed that the valuation of the subject-plot and the subject-house were being done and a proposal for taking the same on rent would be sent to the Government with the valuation reports. It was also informed to the petitioner that an agreement would be effected between the petitioner and the State respondents when the proposal was accepted by the Government and the house was finally occupied.

2.3. The office of the Deputy Commissioner, Sonitpur assessed the valuations of the subject-plot and the subject-house separately in the meantime. The building value of the subject-house was worked out at Rs. 2,64,667/-and the land value for the subject-plot was worked out at Rs. 2,85,191/-. By so assessing the said building value and the land value, the office of the Deputy Commissioner had assessed the rent of the subject-property @ Rs. 3,437/-per month. The calculation sheet provided by the Deputy Commissioner reflected that the said rent was worked out as per the provisions of Assam Urban Areas Rent Control Act, 1972 for rural areas.

2.4. The office of the Special Superintendent of Police [B], Assam Arunachal Inter State Sector, Tezpur started its occupation of the subject-property on and from 04.10.1995. After a period of 5 [five] years, the office of the Deputy Commissioner, Sonitpur re-assessed the standard rent for the period w.e.f. 01.10.2000 to 03.10.2005 @ Rs. 4,667/-per month and for the period beyond 04.10.2005 @ Rs. 5,627/-per month. The fixation of such standard rents was certified by the office of the Deputy Commissioner in a certificate dated 05.09.2007. It was clarified therein that the provisions of the Assam Urban Areas Rent Control Act, 1972 were not applicable in respect of the subject-house as it is situated in a rural area. It was further clarified by the office of the Deputy Commissioner that the rent was fixed by keeping the principles laid down in the Assam Urban Areas Rent Control Act, 1972 and they were reasonable rents.

2.5. The office of the Special Superintendent of Police [B], Assam Arunachal Inter State Sector, Tezpur continued to occupy the subject-property of the petitioner consisting of the subject-house and the subject-plot till 30.11.2015. There is no dispute with regard to the rent in respect of the subject-property for the periods [i] from 04.10.1995 to 03.10.2000; [ii] from 04.10.2000 to 03.10.2005; and [iii] from 04.10.2005 to 03.10.2010. Though the respondent authorities were not regular in paying the rent against the subject-p