K VITTOBA Vs. COMMISSIONER YEMTNIGANUR MUNICIPALITY YEMMIGANUR KURNOOL

JUDGEMENT

(1.) This petition is filed to quash the proceedings in S T C No. 109 of 1985 on the file of the Munsif-Magistrate, Yemmiganur.

(2.) The first respondent (The Commissioner, Yemmiganur Municipality) filed S T C No. 109 of 1985 for recovery of Rs. 9,500/- towards the balance of kist amount of sheep-market and penal interest on the ground that the petitioner herein was a lessee for the sheep-market in the year 1984-85. The S T C was filed-under section 364 of the Andhra Pradesh Municipalities Act VI of 1965 (The Act) and the same is entertained by the Munsif Magistrate, Yemmiganur.

(3.) The learned counsel for the petitioner contends that the S T C is not maintainable as the amount due from the petitioner under contract cannot be said to be the amount due under the Act as provi. ded under Sec. 364 ; and therefore there is no jurisdiction to the court below to entertain the S T C and hence the proceedings have to be quashed.