MULAKH RAJ MUTNEJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON June 11, 1976, the State Government decided that the Class -I Municipal Committees should increase the rent at the rate of 20 per cent after every three years. These instructions were reiterated vide letter, dated July 21, 1986. The State Government also issued instructions regarding the charges to be recovered for regularisation of possession of sub -tenants. It directed that transfer of tenancy was to be authorised by charging ten times the annual rent. Aggrieved by these orders, certain tenants filed various petitions including Civil Writ, Petition No. 16890 of 1989 in this Court. vide order, dated July 20, 1993, the writ petitions were disposed of with a direction to the petitioners "to file a representation to the respective Municipal Committees within six weeks." It was further directed that "if the said representation is made, the concerned Municipal Committee will dispose of the same within six months thereafter by passing a speaking order in accordance with the rules/regulations."

(2.) IN pursuance to the directions of this court, the Municipal Council, Abohar, considered the matter. It decided that there should be 5 per cent increase in rent after three years. It also decided to divide the shops into three categories and fix the rate of Rs. 2,500/ -, Rs. 1,500/ - and Rs. 1,000/ -, respectively regarding the three categories of shops for effecting the change in tenancy. A copy of the Resolution passed by the Municipal Council, Abohar, has been produced as Annexure P8 with the writ petition.

(3.) AGGRIEVED by the orders of the State Government in directing the Municipal Council to implement the instructions issued vide letter, dated July 21, 1986, the President, Abohar Municipal Kirayadar Union and the Union have approached this Court through the present writ petition.