IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5074 of 2006 1. SABJI EVAM FAL BAJAR DUKANDAR SANGH, KADAM KUAN THROUGH ITS PRESIDENT, COM. MOHAN PRASAD, SON OF LATE REWAT MAHTO, R/O MOHALLA KAJIPUR, P.S. KADAMKUAN, DISTT. PATNA. 2. RAM PRASAD SAH, SON OF LATE JHINGUR SAHU, R/O MOHALLAH KADAM KUAN SABJI MANDI, P.S. KADAM KUAN, DISTT. PATNA AT PRESENT MEMBER OF THE SABJI EVAM FAL BAZAR DUKANDAR SANGH, KADAM KUAN, PATNA. Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE, PATNA. 3. EXECUTIVE OFFICER, PATNA NAGAR NIGAM, BANKI PUR ANCHAL, PATNA. 4. DEPUTY DEVELOPMNET COMMISSIIONER, PATNA. For the petitioner : Mr. Kumar Malendu, Advocate. For the State : Mr. Bijay Kr. Pandey, AC to GP-20. For the PMC : Mr. Nikesh Kumar, Advocate. ----------- 02. 15.03.2011 Heard learned counsel for the petitioner, the State and the Patna Municipal Corporation(hereinafter referred to as the PMC). 2. Petitioner is the association of the settlees of 35 square feet of space by the PMC in the vegetable market at Kadamkuan. This writ petition has been filed asserting that the rent of the allotted space fixed under memo no.527 dated 22.11.2005, Annexure-3 is excessive as for the period between 1.8.2000-31.3.2002 the rent has been fixed at Rs.5/- per square feet and for the period after 1.4.2002 the rent has been fixed at Rs.10 per square feet. In the writ petition holding tax for the settled area for the period between 1.8.2000 to 31.12.2005 raised under demand dated 23.11.2005 has also been questioned on the ground that the said amount be realized from the members of the petitioner association in instalments as members of the association are vegetable sellers and are not in a position to pay at one time. - 2 - 3. Having perused the contents of letter dated 22.11.2005 and demand dated 23.11.2005, Annexures-3, 4, I am of the view that rent of the premises and the municipal tax of the allotted space is not excessive, accordingly, it is directed that the current rent of the allotted space be paid by the members of the petitioner association @ Rs.10 per square feet from March, 2011 along with the current municipal tax for the allotted space. Arrears of rent and municipal tax as per memo dated 22.11.2005 and demand dated 23.11.2005, Annexures-3, 4 be paid by the members of the petitioner association in 12 instalments. In case, members of the petitioner association fail to comply the directions contained in this order, the authorities of the PMC shall be at liberty to take coercive steps against them, as provided under law. 4. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)