RAM KUMAR MAHATO AND 11 ORS vs THE GUWAHATI MUNICIPAL CORPORATION AND ANR.

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2024 Supreme(Online)(GAU) 2400

GAHC010019862023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/500/2023 RAM KUMAR MAHATO AND 11 ORS S/O LATE CHUN CHUN MAHATO R/O M.S. ROAD, RAILWAY GATE NO. 4, GUWAHATI-781001, DIST. KAMRUP (M), ASSAM
2: NILESH SHARMA S/O LATE SHYAM SUNDAR SHARMA R/O FATASHIL AMBARI TULA FACTORY MILAN PATH GUWAHATI-781025 DIST. KAMRUP (M)
ASSAM
3: RAJ KUMAR SHAW S/O LATE SALIK RAM SHAW R/O 64 B.K. KAKATI ROAD NEAR GURU NANAK ARYA NAGAR GUWAHATI-781008 DIST. KAMRUP (M)
ASSAM
4: HANSRAJ SHARMA S/O LATE MADAN LAL SHARMA R/O M.S. ROAD RAILWAY GATE NO. 4 GUWAHATI- 781001
5: HAMID ALI S/O LATE HAFIUDDIN R/O ATHGAON A.C. BYE LANE GUWAHATI-781001 DIST. KAMRUP (M)
ASSAM
6: KISHAN SHAH S/O LATE SAILENDER SHAH R/O M.S. ROAD RAILWAY GATE NO. 4 GUWAHATI-781001 DIST. KAMRUP (M)
ASSAM
7: JIYAUL HAQUE S/O MANSOOR ALAM RESIDENT OF DHARAPUR AZARA GUWAHATI-781014 DIST. KAMRUP (M)
ASSAM
8: MANGILAL SHARMA S/O LATE BHUBANESWAR LAL SHARMA RESIDENT OF 404 A GOKUL PRIDE ITTABHATA GUWAHATI-781025 DIST. KAMRUP (M)
ASSAM
9: BABUL CHANDRA SARKAR S/O LATE RATHINDRA CHANDAR SARKAR RESIDENT OF CHATTRIBARI P.O. LANE MATRI BHAWAN HOUSE NO. 13 GUWAHATI-781008 DIST. KAMRUP (M)
10: SUNIL KUMAR DEY S/O LATE A.M. DEY R/O S.C. ROAD AHGAON GUWAHATI-781001 DIST. KAMRUP (M)
ASSAM
11: KALI PRASAD SHARMA S/O LATE MAHABIR SHARMA R/O M.S. ROAD RAILWAY GATE NO. 4 GUWAHATI- 781001 DIST. KAMRUP (M)
ASSAM
12: SHAKEEL S/O LATE HEDAYAT HUSSAIN R/O H.B. ROAD KAMARPATTI GUWAHATI -781025 DIST. KAMRUP (M)
ASSA VERSUS THE GUWAHATI MUNICIPAL CORPORATION AND ANR.
REP. BY ITS COMMISSIONER, GUWAHATI-781001, DIST. KAMRUP (METRO), ASSAM
2:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GUWAHATI-781001 DIST. KAMRUP (METRO)
Advocate for the Petitioner : MR. S KATAKI Advocate for the Respondent : SC, GMC BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

ORDER

Date : 19.07.2024 Heard Ms. R. Dutta, learned counsel for the petitioners. Also heard Mr. P. Nayak, learned Standing Counsel for GMC.

By filing the instant petition under Article 226 of the Constitution of India, the petitioner are assailing the action of the respondents in enhancing the rent of the rooms of the petitioners vide Notice dated 22.07.2020 situated at New Market, Fancy Bazar at per with the other markets of Guwahat Municipal Corporation without taking note that the lands were allotted to the petitioners and the petitioners had constructed the rooms at their own cost and the respondents are legally entitled to only the rent of the land and not the rent of the rooms.

Today when the matte was called for admission, Ms. R. Dutta, learned counsel for the petitioners submits that during pendency of the writ petition the office of the Municipal Corporation modified the earlier order dated 21.07.2020 and re-fixed the rent of the rooms of the petitioners, which is accepted by them.

A copy of the office order dated 23.03.2023 along with the fixation of the new rate by order dated 27.03.2023 is placed before this Court, which is kept on record and marked as ‘X’.

Mr. P. Nayak, learned Standing Counsel for GMC also makes endorsement endorses to the same effect.

In view of the aforesaid, it appears that nothing survives for adjudication.

Accordingly the writ petition stands dismissed for being infructuous. Disposed of.

JUDGE

Comparing Assistant

Order downloaded on 21-07-2024 12:09:49 PM

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