IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6172 of 2000 KASHINATH GUPTA & ORS Versus THE STATE OF BIHAR & ORS ----------- 5. 19.1.2009 Heard counsel for the petitioners and the counsel for Buxar Municipality. The notices, Annexure 4 series, issued by Buxar Municipality to the seven petitioners, have been challenged only on the ground that certain promises were made by the Municipality which, however, were not fulfilled and as such, the petitioners cannot be either subjected to a demand for payment of rent or evicted from the shops in question. Counsel for the petitioners has failed to refer to any statutory provision showing that the Municipality was under bounden duty first to allow the petitioners to remain in occupation of the Municipal shop/ land. That apart if the petitioners with open eyes had agreed to the terms and conditions, as contained in Annexure 1, which is not only for the land but also a shop and contains a specific clause No.8 making the petitioners liable to pay the enhanced rate, there can be no escape for 2 the position that the petitioners must pay the enhanced rent or else get evicted. The reliance placed by the petitioners on Annexure 3, a notice issued by the Municipality, is also wholly misplaced, inasmuch as the said notice only gives them an option to pay entire cost of construction of the shop and take possession of the shop in terms of the modified terms and conditions with a modified rent. That does not mean that their earlier agreement, as contained in Annexure 1, had come to an end since Annexure 1 has itself contained a clause for payment of rent as per revision to be made from time to time. The plea of the petitioners that unless they were given the newly constructed shop in terms of Annexure 1 is wholly misconceived and must be rejected. That apart from the counter affidavit it is apparent that the petitioners did not fulfill the terms and conditions of Annexure 3 and therefore, if even today counsel for Buxar Municipality has fairly offered that if the petitioners deposit the entire arrears of rent they will 3 be provided with a fully constructed shop by completing the remaining constructions, that must be treated to be a fair and benevolent offer. It is now for the petitioners to either accept it or to refuse it. However, keeping in view, there was an interim order of this Court dated 19.7.2000 in this case which protected the petitioners for all this period, this Court would give the petitioners a further period of two months from today to make up their mind and in case they deposit the entire arrears of rent as being claimed by the Municipality, the Municipality will be definitely honour its commitment made before this Court as noted above within a period of next six months. In the event the petitioners fail to deposit the amount within a period of two months, the Municipality will be entitled to get the petitioners evicted in accordance with law. With the aforesaid observations and directions this application is, accordingly finally disposed of. (Mihir Kumar Jha,J.) Surendra/