SURESH CHANDER VOHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by Suresh Chand Vohra against the respondents, whereby he seeks to have two orders of the respondents dated 13/14th Oct. 1977 (Annexure A-16) and dated 29th Nov. 1977 (Annexure A-18) quashed. These orders imposed a condition on the petitioner requiring him to pay licence fee with respect to shop No. 57, Kasturba Nagar Market, at the enhanced rate of Rs. 251.00 per month w.e.f. Dec. 1969. By Annexure A-16, he was directed to pay interest on the arrears @ 12 per annum w.e.f. 1st Dec. 1969.

(2.) The facts giving rise to this petition are that the petitioner sought allotment by tenders of shop in Kasturba Nagar Market by making a tender on the same. Shop No. 57, Kasturba Nagar Market was allotted to him w.e.f. 25th Aug. 1969. The shop was given on licence. The licence fee was fixed at Rs. 167.00 per month. The acceptance of tender is Annexure A-l to the writ petition. After the acceptance of the tender a formal licence deed was executed between the petitioner and the respondents. This is not disputed. Unfortunately a true copy of the licence deed which was executed between the parties subsequent to the acceptance of tender, has not been filed either by the petitioner or by the respondents. Mr. Rajinder Dutt, learned counsel for the respondents, has, however, brought a printed form of the licence terms which were printed, as is evident from the note at the foot of the schedule to the printed form on or about 30th July, 1969 and 4500 copies were printed. The notation at the foot of the printed form reads :

(3.) Clause 8 of the licence, which is relied upon by Mr. Rajinder Dutt, reads as under: