SURENDRA KUMAR RAI Vs. ZILLA PARISHAD JHANSI

JUDGEMENT

(1.) Both the aforesaid writ petitions have been filed by same petitioner against Zilla Parishad Jhansi and most of questions of fact and 1aw involved are common. Thus both writ petitions can be decided by a common order against which parties have also to objection. Civil Misc. Writ Petition No. 23803 of 1991 shall be the leading case.

(2.) The facts, in brief giving rise to Writ Petition No. 23803 of 1990 are that auction for grant of licence to realise and collect fee ad tolls on vehicles entering Zilla Parishad territory and using Bus Adda for the period 1/04/1988 to 31/03/1989 took place in which bid of the petitioners for Rs. 1,75,000.00 being highest was accepted In pursuance of which the licence was issued in favour of petitioner which is Annexure1 to the writ petition. Out of the total bid money petitioner paid Rs. 1,05,000.00. However he failed to pay the remaining amount of Rs. 70,000 In spite of the several demands the amount was not paid a recovery certificate was sent to the Collector, Jhansi to realise the amount as arrears of land revenue from petitioner requiring him to No. 3 Tahsildar, Jhansi served a citation dated 1/09/1990 on petitioner requiring him to pay Rs. 70,150 and collection charges and to appear before him on 8/09/1990 Aggrieved by this demand made through the citation petitioner had filed this writ petition challenging the recovery of the amount and for quashing of the citation., In this writ petition, counter and rejoinder affidavits have been exchanged. This Court by interim order dated 7/09/1990 stayed the recovery of the amount on condition that the petitioner deposits an amount of Rs. 10.000.00 with the opposite party No. 1 Zilla Parishad within a period of one month.

(3.) The facts stated in Civil Misc. Writ Petition No. 22366 of 1992 are that the petitioner is a registered contractor. He got a contract to construct the Government Girl High School in villages Rasoli, Block Babina, district Jhansi. The final account of this construction which was approved by the respondents was for Rs. 1,10,923.85 p. After certain deductions petitioner was entitled to get an amount of Rs. 81.967.85p. Respondent Zilla Parishad deducted Rs. 55,150.00 from this amount towards the payment of the balance of the licence fee under the agreement in question in first writ petition and paid him only Rupees 26.817.85 p. Petitioner filed this writ petition for a direction to the respondent No. 2 to comply with the interim order dated 7/09/1990 and to pay him immediately the remaining amount of Rupees 55. 150/- recovered from the final payment of the contract work. In this wirt petition a Division Bench of this Court on 21/12/1992 passed an order to the following effect:-