RAJESH MEENA Vs. MUNICIPAL COUNCIL NAGDA

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by order dated 10.11.2017, 30.11.2017 and 13.12.2017 issued by the respondent demanding the rent along with penalty to the tune of Rs.4,03,019/-.

(2.) The facts, in short, are that the petitioner is in possession of Shop No.2 situated at Nagda Junction since 1986 on the basis of 'Shariyatnama' executed by Municipal Council Nagda. The petitionr is using the said shop for doing his business. In the year 2013, the respondent issued the order to deposit the rent with penalty. The petitioner along with other similarly situated shop owners filed writ petitions before this Court challenging the legality and validity of the demand notices. By order dated 25.10.2013 all the writ petitions were disposed of by this Court by directing the petitioner to deposit the amount of penalty of Rs.75,000/- and also directed the respondent Municipal Council to decide the objection submitted by the petitioner.

(3.) Being aggrieved by the directions to deposit a sum of Rs.75,000/-, the present petitioner filed W.A. No.1105/2013. By order dated 6.1.2014, the Division Bench of this Court has reduced the penalty from Rs.75,000/- to Rs.20,000/- in addition to the rent payable by the petitioner. According to the petitioner, in compliance of the aforesaid order of Division Bench of this Court, he deposited the amount of Rs.20,000/- and the arrears of rent i.e. 21 months on 14.8.2015. In fact, the petitioner has deposited the amount in excess to the tune of Rs.5,300/-. The Chief Municipal Officer, Municipal Council Nagda, issued the demand notices dated 10.11.2017, 30.11.2017 and 13.12.2017 directing the petitioner to deposit amount of Rs.4,03,019/-.