SUJIT NARAYAN PRASAD
Sahjad Ansari – Appellant
Versus
State of Jharkhand through the Secretary, Department of Land Revenue and Registration – Respondent
1. These batch of writ petitions have been listed together since common questions are involved and as such all the matters have been heard together and are being disposed of by this common order.
2. In all these writ petitions, the relief prayed for is as follows:
(i) For issuance of appropriate writ, order or direction for quashing/setting aside the conditions regarding shop allotment, as contained in Memo No.1170(ii) dated 13.7.2016 issued by the Respondent No.4 (Annexure-4) to the extent rent of the shops allotted to fire affected people has been fixed at a monthly rent of Rs.20/- per square feet, specially because the said fixation of monthly rent of the shops is wholly arbitrary, confiscatory in nature and discriminatory, being violative of Article 14 of the Constitution of India;
(ii) For issuance of further appropriate writ, order or direction, including writ of mandamus, directing the respondents, particularly, Respondent No.4 to take uniform decision and fix rent in respect of shops allotted in favour of fire affected persons commensurate with rent realized by the Respondent No.4 from the neighbouring shops constructed by the Respondent No.4 at Market Complex, Simdega;
(ii
Jamshed Hormusji Wadia vs. Board of Trustees
Banatwala and Company vs. Life Insurance Corporation of India and Anr. reported in (2011) 13 SCC 446
N.D. Jayal and Anr. vs. Union of India and Ors. reported in (2004) 9 SCC 362.
Basheshar Nath vs. Commissioner of Income Tax Delhi & Rajasthan and Anr. reported in AIR 1959 SC 149
Olga Tellis and Ors. vs. Bombay Municipal Corporation and Ors. reported in (1985) 3 SCC 545
Patel Gordhandas Hargovindas and Ors. vs. Municipal Commissioner, Ahmedabad and Anr.
Dr. Balbir Singh & Ors. vs. M/s Municipal Corporation of Delhi & Ors.
Union Territory of Pondicherry and Ors. Vs. P.V. Suresh and Ors.
Polymat India (P) Ltd. and Anr. Vs. National Insurance Co. Ltd. and Ors.
United India Insurance Co. Ltd. Vs. M.K.J. Corp.
Dr. G. Sarana vs. University of Lucknow and Ors. reported in (1976) 3 SCC 585
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