CHANDRA SHEKHAR GAUTAM Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Petitioner No.1 was conducting business of 'Fast Food Small (Class II)' and the Petitioner No.2 that of 'Manihari Retail', respectively, at Star Cinema Hall Building premises at New Market, Gangtok, since the year 1970. They claim to have been tenants therein initially under the Palace and thereafter under the Urban Housing and Development Department, Government of Sikkim and were paying rent as required. The Prayers in the Writ Petition inter alia are as follows;

(2.) Learned Senior Counsel for the Petitioners today submits that Prayers (i), (ii), (iii) and (iv) supra are not being pressed in view of the fact that the Star Cinema Hall has now been demolished and the Trade Licences of the Petitioners for carrying on trade in the said premises have also been cancelled, rendering the prayers infructuous. That, with regard to the Prayer (v) it is submitted that Respondent Nos.1 and 2 be directed to allot suitable shop rooms in the re-built Star Hall Complex to the Petitioners and issue Trade Licences to the Petitioners to enable them to run their business.

(3.) Learned Additional Advocate General for the State- Respondent No.1 submits that the Gangtok Rent Control and Eviction Act I of 1956 at Sec. 4 inter alia provides that the tenant who is evicted has the first right to re-occupy the premises, after it is rehauled, on such enhanced rate as may be fixed by the concerned Authority. That, should the Petitioners be willing to pay the enhanced rent on market rate then the Respondents have no qualms in allotting suitable shop rooms to the Petitioners in the rebuilt Star Hall Complex.