TARUN KUMAR DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) These two writ petitions involve same set of facts by and between the same parties and the reliefs sought for are also the same. Thus they are taken up together for decision and disposal.

(2.) As per the disclosures made in the writ petition the petitioners are engaged in business and they are lawful lessee in respect of a plot of land covered by Dag No.207 (old) 252 (new) under Patta No.99. In the year 1950 they constructed a RCC building consisting of ground floor upon the aforesaid plot of land in the name and style of M/s Deb Building. In 1970, remaining portion of the building was constructed. It is the case of the petitioners that the said building has been rented out to various parties and in the first floor, a branch of a nationalized Bank namely, 'Bank of India' is located.

(3.) According to the averments made in WP(C) No.872 of 2004, sometime in the year 1986 the respondent No. 6 approached the petitioners for temporary accommodation for a period of 3 months for storing books of accounts and other official documents pertaining to his arms business in the name and style of M/s Rajdhani Gun House. Upon such request the petitioners allowed a room measuring about 341 square feet in their said building. Likewise in WP (C) No.873 of 2004, it is the case of the petitioners that on being approached by the same very party sometime in 1993-94 for temporary accommodation for a period of 3 months for the same purpose relating to his arms Business under the name and style 'North-Eastern Arm Company' the petitioners allowed another room in the same building measuring 80 square feet.