NANDKISHORE Vs. NAGAR PALIKA SHAJAPUR

JUDGEMENT

(1.) The order passed in this petition No. 382 of 1990 shall also govern the disposal of M.P. No. 386 of 1990 (Satpalsingh and others v. State of M. P. and others) and M.P. No. 383 of 1990 (Hokemsingh v. Nagar Palika through Administrator / Chief Executive Officer, Shajapur and another) since they involve identical questions of facts and law.

(2.) In all three aforesaid petitions, the petitioners were the bidders in auctions held by the Municipal Council for collection of terminal/passenger tax as envisaged under R.12 of M.P. Municipalities Terminal Tax on Passengers (Regulations of Assessments and Collection) Rules 1988. All the petitioners abovesaid have deposited the requisite amounts as required under the agreements besides security deposit/earnest money. In M.P. No.382 of 1990 the auction was for collection of passengers tax at the Naka and it related to the Municipal Council, Shajapur. In M.P. No. 383 of 1990 the auction and the agreement relate for collection of terminal tax at Naka No.1, Shajapur. In M.P. No. 386 of 1990 the auction and the agreement related to the collection of the abovesaid tax at Naka belonging to the Nagar Palika, Khargone. Suffice it to state that all the petitioners in the above petitions have paid the amounts payable under the agreement and had executed the contracts, which were to commence from 1-4-1990 for the period ending 31-3-1991. Their common grievance is that having accepted their final bids and they having paid the amounts as per agreement and further having executed the bilateral contract with the Nagar Palika concerned, these could not have been suddenly cancelled, which the Nagar Palika/respondent had done. The concerned Nagar Palika in context of the orders of the State Government had intimated those petitioners that the agreements have been cancelled and they may take away the amount deposited in the concerned Nagar Palika.

(3.) The learned Counsel Shri K.L. Sethi appearing in M.P. No. 383 of 1990 and M.O. No. 382 of 1990 heard. The learned Counsel Shri Dalal appearing for the petitioner in M.P. No. 386 of 1990 also heard.