CIVIL WRIT JURISDICTION CASE No.12032 OF 1993 1. Jay Ram Prasad, son of Shri Lala Sao, 2. Abhay Chand Sao, son of Munarik Sao, 3. Bhola Prasad, son of Arjun Sao, 4. Bakhora Sao, son of Husaini Sao 5. Mohiuddin Ahmad, son of Sasain Ansari, 6. Rajdeo Sao, son of Ram Das Sao, 7. Dwarika Prasad Sao, son of Gianchand Sao, 8. Surendra Prasad, son of Abhay Chand Sao, 9. Zafir Alam, son of Abdul Kalim, 10. Mahfooz Alam, son of Sharif Alam, 11. Raj Mohan sao, son of Ram Das Sao, 12. Md. Quamruddin, son of Noor Hussain, 13. Murari Prasad, son of Faujdari Lal, 14. Vijay Kumar, son of Arjun Sao, 15. Sambhu Saran Sao, son of Chhedi Sao, 16. Alok Kumar Sao, son of Ram Chandar Sao, 17. Baliram Prasad, son of Lala Sao, 18. Md. Hasan Imam, son of Nabi Hasan. All residents of Sabzi Market, Jehanabad Town, P.S. and District – Jehanabad. ------------------- Petitioners. Versus 1. The State of Bihar, 2. The Jehanabad Municipality through Special Officer, Jehanabad. 3. The Special Officer, Jehanabad Municipality. ----------------- Respondents. For The Petitioner : Mr. S.N. Jha, Sr. Adv. For The Respondent : Mr. Rajesh Kumar J.C. to A.A.G. 6. ---------------- P R E S E N T THE HON'BLE MR. JUSTICE AJAY KUMAR TRIPATHI ************** A. K. Tripathi, J. Heard learned counsel for the petitioner and learned counsel for the State. All these petitioners are aggrieved by the notice issued by the Special Officer, Jehanabad Municipality by virtue of which the rental of the various shops located at Sabzi Market of the municipality has been raised from 1.40 paisa per sq. feet per month, as mutually agreed in March 1992 to Rs. 4.00 per sq. feet per month with effect from September, 1994. The writ application has remained pending since the year 1993 and - 2 - despite several notices no counter affidavit has been filed in opposition. Submission of learned counsel appearing on behalf of the petitioners is that in terms of Clause – 7 of the agreement the revision in the rents would be effected based on the annual price index for the year, but there is material to show on record that the revision in the rent is not in conformity with annual price index. If the two do not match, there is an element of arbitrariness in the decision making. In absence of rebuttal of the assertions made in the writ application, the Court allows the writ application by quashing the notice and remanding the matter back to the competent authority, that he shall work out the revision in accordance with the annual price index for the years in question and pass appropriate orders after giving an opportunity of hearing to the petitioners. Since the dispute is an old dispute and has revenue implication for the municipality, it will be in the interest of the municipality to adjudicate upon the matter at the earliest. The writ application is allowed, accordingly. Patna High Court The 5th Day of December,2008, NAFR/AFR, Rajeev/ (Ajay Kumar Tripathi, J.)