Calcutta High Court (Appellete Side)
Bajranglal Agarwalla & Ors vs Union Of India & Ors on 22 January, 2014
1
22.01.2014
Court No. (1)
Item No. 16
P.A. to J. Bagchi, J
M. A. T. No. 1786 of 2003
Bajranglal Agarwalla & Ors.
Vs.
Union of India & Ors.
None appears.
The appellants had challenged notice dated 10th July,
1989 issued by the respondent railway authority whereby they
were called upon to pay arrear rents and to quit and deliver vacant and peaceful possession of shop rooms which were leased out to them.
It appears that by an earlier notice dated 20th March, 1986 the rents of the aforesaid shop rooms were proposed to be enhanced with effect from 1st April, 1986. Thereafter, such enhancement was made and pursuant thereto arrear rents were also demanded. Admittedly, the appellants did not pay the same claiming that the railway authority had not conducted periodical repairs and the assessment of the rents was unjustified. Accordingly, impugned notice was issued calling upon appellant no. 1 to vacate the shop room in question. Learned Single Judge has held that the writ petition was filed by fourteen persons challenging the notice issued upon the petitioner no. 1 alone. Learned Single Judge held that the 2 right to enhance rents in view of rise of price of land was justified and the action taken on account of nonpayment of rents cannot be said to be illegal. Learned Single Judge dismissed the writ petition with a costs assessed as 300 GMs. We find that the appellant no. 1 had not paid the arrear rents and hence the respondent railway authority was justified in issuing notice upon him to quit the demised shop room. The dismissal of the writ petition is, therefore, justified and the impugned order does not call for any interference to that extent. The costs imposed upon the appellants is, however, set aside.
Appeal is allowed to the aforesaid extend and all connected applications are disposed of.
(Joymalya Bagchi, J.) (Arun Mishra, Chief Justice)