KAILASH CHANDRA DAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions involving similar facts and identical issues were heard together and are being disposed of by this common judgment. By way of these writ petitions, the petitioners are questioning legality and propriety of the order dated 3.7.12 passed by the Chief Executive Officer, Zila Parishad, Chittorgarh in each case separately in purported exercise of power conferred under sub-rule (4) of Rule 164 of Rajasthan Panchayati Raj Rules, 1996 ('the Rules of 1996') whereby the petitioners have been directed to execute fresh rent agreement within a period of seven days, at the revised rent alleged to have been determined on the basis of the rates determined by Public Works Department, Government of Rajasthan, in respect of rented premises i.e. shops occupied by the petitioners. It is further ordered that if the petitioners fail to execute the agreement and pay the revised rent, the Vikas Adhikari, Panchayat Samiti, Chittorgarh shall ensure that premises are vacated and taken possession of.

(2.) The respondent No. 3 Panchayat Samiti, Chittorgarh, a body corporate having perpetual succession and common seal, established by the State Government by publication of the notification in the Official Gazette under Section 10 of Rajasthan Panchayati Raj Act, 1994 ('the Act'), issued an advertisement dated 26.4.89 inviting applications to let out certain shops being constructed over the land owned and possessed by it within the municipal area of Chittorgarh. As per the advertisement issued, the shops were to be let out on monthly rent basis. As per the terms and conditions set out in the advertisement, initial rent of the premises was fixed at Rs. 500/-, which was liable to be increased after every three years by 20% of original rent. The applicants were required to deposit security amount of Rs. 25,000/-, which was refundable, if no allotment is made in favour of the appellant. It was specifically laid down in the advertisement itself that ordinarily the shops shall not be vacated by the Panchayat Samiti, however, on failure of the allottee to abide by the conditions, the same was liable to be vacated on three months notice being served by the Panchayat Samiti.

(3.) The petitioners being aspirant for allotment of shops submitted the application forms with requisite documents. The petitioners were allotted the shops as per the terms and conditions set out in the advertisement. Accordingly, an agreement was executed by each of the petitioners in favour of the Panchayat Samiti in respect of shop allotted to him. The shops were allotted to the petitioners in the year 1990 and since and then, they are in possession of the premises and carrying on their business therein. It is not in dispute that in terms of agreements executed for leasing out the premises, the petitioners are paying the rent as revised from time to time.