LAWS(BOM)-2008-8-191

VIJAY VITHALRAO JOSHI Vs. UNION OF INDIA

Decided On August 04, 2008
VIJAY VITHALRAO JOSHI Appellant
V/S
SENIOR DIVISIONAL ACCOUNTS OFFICER Respondents

JUDGEMENT

(1.) By this petition, the petitioner has challenged the demand notices/communications of rent of various years dated 16.10.1990, 12.9.1992, 8.7.1992 & 18.1.1993. Pursuant to the order of this Court dated 22.2.1993 there is a stay to the said demand notices and also to the eviction. We have noted that there was no notice of any eviction and/or prayer for stay of such eviction.

(2.) Admittedly, the petitioner was allotted plot no.1 admeasuring 96 sq. meter situated at Ghat Road, Nagpur which is in the business area of Nagpur city. The said allotment was for the purpose of workshop. An agreement was executed between the parties on 1.4.1986. The petitioner had admitted the terms and conditions of the said agreement. There was no separate agreement entered into thereafter till this date. Admittedly, that agreement was for one year.

(3.) Respondents pursuant to the Board Circular dated 17.9.1985 claimed revised licence fee. The petitioner has knowledge about the said demand dated 19.3.1986. The basis for demand is explained in paragraph nos. 14 & 15 which read as under :-