SHOP OWNERS AND SHOPKEEPERS OF GAJAPATI DAILY MARKET, PARLAKHEMUNDI & OTHERS Vs. EXECUTIVE OFFICER, PARLAKHEMUNDI & OTHERS

JUDGEMENT

(1.) The plaintiffs are the appellants against a reversing judgment.

(2.) The plaintiffs, in the representative capacity for themselves and for the shop owners, who have their business at Gajapati Daily Market, Parlakhemundi, instituted T.S. No.23 of 2000 in the court of the learned Civil Judge (Senior Division), Parlakhemundi for a declaration that they are entitled to pay ground rent only, permanent injunction restraining the defendants from collecting licence fees and demolishing the shop houses. Case of the plaintiffs is that since the time of their forefathers, the shopkeepers are running their business in the premises at Gajapati daily market.

(3.) The defendants filed a written statement denying the assertions made in the plaint. Case of the defendants is that the plaintiffs are not in possession of the shop premises in the daily market. The land in the market area belongs to Parlakhemundi Municipality. The Municipality has allotted shop rooms to different persons. The allotments are renewed from time to time. The settlement dated 20.4.1985 was only confined to the quantum of licence fee without affecting the rights of the Municipality. It is further pleaded that to renovate the daily market, the Municipality initiated administrative measures for construction of a market complex for the benefit of the public. The plaintiffs have no right, title and interest over the shop premises.