MIZAN ALI Vs. M C D

JUDGEMENT

(1.) Before noting the facts and dealing with the issues of law which arise for consideration, I must record displeasure in respect of the working of the officers of MCD. Case after case is coming to my notice where officers concerned are just not maintaining the records, resulting in counsel for MCD not being briefed properly and as a result thereof, municipal revenue not flowing to the coffers of MCD. Instant case shows how valuable revenue has been lost to MCD.

(2.) Petitioner brought the present action in the year 1995 praying that directions be issued to MCD to de-seal Kiosk No.1, Near Rajdoot Hotel, Bhogal Bus Stand. Mandamus was sought directing MCD to transfer the kiosk in favour of the petitioner.

(3.) Briefly stated, facts are that in April,1980, MCD granted a licence to one Suraj Prakash permitting him use and occupation of the kiosk on licence basis for a period of 5 years. Licencee fee was fixed at Rs.462/- per month. Notwithstanding the fact that it was a term of the licence that Suraj Prakash would not part with possession of the kiosk nor would transfer the licence to any third party, by and under an agreement, Suraj Prakash handed over possession of the kiosk to the petitioner on 3.12.1982. Neither prior permission from MCD was taken nor information of the transfer given to MCD.