AKKI A. SANGMA Vs. STATE OF MEGHALAYA
LAWS(MEGH)-2021-2-25
HIGH COURT OF MEGHALAYA
Decided on February 17,2021

Akki A. Sangma Appellant
VERSUS
STATE OF MEGHALAYA Respondents

JUDGEMENT

H.S.THANGKHIEW,J. - (1.) This application under Article 227 of the Constitution of India has been filed assailing the order dated 03.02.2021, passed by the Court of the Learned Assistant to Deputy Commissioner (Judicial), Williamnagar, East Garo Hills, whereby an application under Section 80(2) of the CPC was rejected.
(2.) In brief, the petitioner as plaintiff had instituted a declaratory suit before the Trial Court challenging the termination notice dated 29.10.2020, issued by the respondent No. 2, whereby a Lease Agreement dated 05.03.2019, for an IMFL, Wet Canteen entered into between the petitioner and State respondents was sought to be terminated w.e.f., from 27.01.2021. The grievance of the petitioner is that with the rejection of the application under Section 80(2) of the CPC, he has been left remediless, hence the instant petition.
(3.) Mr. K. Talukdar, learned counsel for the petitioner, submits that the petitioner was granted a Lease to operate an IMFL, Wet Canteen for a period of five years w.e.f., from 01.03.2019, by Lease Agreement executed on 05.03.2019 between the respondent No. 2 and the petitioner. That thereafter the counsel submits, the petitioner had incurred substantial costs towards setting up the said establishment and was in full operation apart from paying all the required IMFL license and renewal fees as payable, when he was served with a termination notice dated 29.10.2020, whereby the Lease was sought to be terminated. Counsel submits that the petitioner thereafter, through his Advocate had on 13.01.2021, replied to the said termination notice but the respondent No. 2 did not respond to the same, or accept the request of the petitioner.;


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