JONE MEDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The subject matter of challenge in this petition instituted under Article 226 of the constitution of India is a communication dtd. 28/6/2016 issued by the Headmistress, Guwahati Madrassa High School-respondent no.4 whereby the petitioners have been directed to vacate their rented premises.

(2.) As per the facts projected in the petition instituted by three petitioners, they are in occupation of certain premises which were given on rent by the School Managing Committee of the Gauhati Madrassa High School when the said institution was at a venture stage. So far as the petitioner no. 1 is concerned, such agreement was entered in the year 1969 with the father of the petitioner no.1 by the Managing Committee which is continuing. Likewise, there was a rent agreement with the petitioner no.2 since the year 1971 and is continuing and the last renewal was in the year 1996. So far as the petitioner no.3 is concerned, such agreement with the Managing Committee is of the year 1995. It is claimed that the petitioners are running certain businesses from the aforesaid premises in accordance with law. It is contended that a communication was issued on 7/6/2016 by the Director of Secondary Education to the Headmistress of the School to take steps for removal of the unauthorized occupants. Accordingly, the respondent School had taken a resolution on 25/6/2016 to serve notice upon the petitioners. It is the aforesaid action which is the subject matter of challenge in the present writ petition.

(3.) I have heard Shri T Chakraborty, learned counsel for the petitioners. I have also heard Ms. P Das, learned Standing Counsel, Secondary Education Department, Assam as well as Shri N Das, learned State Counsel, Assam.