P C SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Rajendra Dobhal, learned counsel for the petitioners and learned standing counsel for the respondents.

(2.) This writ petition has a chequered history. Initially what is being challenged is the order dated 11-6-1999 as received by the petitioners on 26-6-2000 (Annexure-19to the writ petition) as also Order dated 2-8-2000 which is nothing but a consequntial demand notice issued to the petitioners and also the notice issued to the petitioners to vacate the leased plots. By the second prayer the petitioners also seek to get the rent for the plot re-fixed in terms of paragraphs 3, 4 and 5 of the circular dated 29-8-1995.

(3.) Petitioners are occupying the leasehold plots belonging to the railway property in Tanakpur. They use the bare plots for storing the stone boulders, which are rolled from river Sharda and the other tributaries and rivulets. These boulders are collected and sold by the petitioners. It is only for the storage of these boulders that the said plots are used by the petitioners. Initially the rent of these plots was Rs. 50/- per thousand sq. ft. in the year 1981. Subsequently the rates were increased to Rs. 200/- per thousand sq.ft. It is the case of the petitioners that in year 1987, the petitioners were served with the demand notice, demanding rent for the year 1987-88 at the rate of Rs. 1870/- per 1000 sq. feet. It seems that the petitioners challenged these notices and the increased rate by various writ petitions. The first amongst them being the writ petition No. 7100 of 1989 before the Allahabad High Court. It seems that they were permitted to make representations. Ultimately, a fresh circular came to be issued on 29-8-1995, whereby earlier circular was superseded and therefore petitioners withdrew the writ petition No. 7100 of 1989. It is the case of the petitioners' that thereafter they filed representations to the respondents for refixing the rent in the light of the light of the principles laid down in the circular dated 29-8-1995 and more particularly in paragraphs Nos. 3 and 4 thereof. According to the petitioners the first representation was sent on 1-10-1997 through the registered post, requesting the respondents to pass the orders. The petitioners also claimed that along with the representation, they had sent the cop- ies of the some sale deeds of the adjoining properties in the year 1995. Therewith they had also sent copy of the rates prevailing in the area. However, according to them, Railway Authority did nothing in the matter and it did not pass any order thereupon. It is their case that without giving any opportunity to show cause and without finalizing the rates as per the circular dated 22-9-1987 the respondents sent a demand notice by way of Annexure-8. It is further the case of the petitioners that against this illegal demand again a writ petition No. 27150 of 1998 P. C. Sharma v. Union of India came to be filed, where the same demand was reiterated that there should be a fixation of lease rent in terms of the paragraphs Nos. 3 and 4 of the Circular dated 29-8-1995. It was pointed out that when that writ petition came up before the Hon'ble Allahabad High Court on 19-9-1998, the Court again directed the petitioners to make fresh representation within a period of three weeks and the representations were directed to be decided by the respondents.