DINESH KUMAR Vs. ADDL D J HARDWAR

JUDGEMENT

(1.) R. R. K. Trivedi, J. Heard -learned counsel for petitioner and Shri I. S. Singh, learned Standing Counsel. Both the learned counsel have agreed that this petition may be decided finally at this stage.

(2.) FACTS giving rise to this petition are that auction of shop/accommoda tion, situate in Court compound in town Roorkee, for 1991-92 was held on 16-3-1991. The bid of the petitioner for Rs. 47,200 was found highest and consequently it was accepted. This auction was confirmed by the Collector on 30-3-1991 and petitioner was allowed to work from 1-4-1991. He deposited the first instalment of Rs. 11,800. The remaining amount was payable in three ins talments to be deposited in the months of July and October, 1991 and January, 1992. The petitioner committed default in payment of the amount which is being sought to be recovered from him as land revenue arrears, chal lenging which he filed Original Suit No. 33 of 1993 in the Court of Civil Judge, Roorkee. In para 6 of the plaint of this suit, it has been stated that at the time of the auction, the Sub-Divisional Magistrate had given an assurance to persons willing to participate in auction that a second canteen will not be opened in the court premises and they may participate in the auction without any fear of the same. It is stated that from 2-4-1991 a second canteen was opened in the building of the Bar Association, Roorkee and that affected his business and he is not liable to pay the amount. It has also been stated that raising this aspect, he made several applications before the authorities but nothing has been done and they want to recover the amount as land revenue arrears, hence this suit for permanent injunction has been filed.

(3.) LEARNED standing counsel, on the other hand, submitted that if the determination of the liability to pay the amount is incidental, then the court fee payable on the relief of injunction could be sufficient but in case for granting the relief of injunction substantial determination is with regard to the liability to pay the amount, then the court-fee. payable shall be ad valorem. LEARNED Standing Counsel has placed reliance* in case of M/s. Ratlam Straw Board Mills Private Ltd. v. Union of India reported in AIR 1975 Delhi 270.