MUNICIPAL COMMITTEE Vs. STATE OF M P

JUDGEMENT

(1.) BY this application under Article 226 of the Constitution of India, the Municipal committee, Senoi, asks far a writ of certiorari to bring up and quash an order of the Collector, Seoni, made on 5th March, 1960, staying the public auction of municipal Kothas and Chabutras and for a writ of prohibition to the Collector, seoni, and the opponent State restraining them from giving effect to the said order of the Collector.

(2.) THE facts and circumstances in which this petition has been filed are that on 1st february, 1960, the Municipal Committee issued a public proclamation stating that the Kothas and Chabutras located in market sites would be leased out for the period from 1st April, 1960 to 31st March, 1961, by public auction on 24th february 1960. The proclamation directed all defaulters to clear off their arrears of taxes and rent by 23rd February, 1960, adding that on their failure to do so they would not be permitted to bid at the auction. Subsequently, another proclamation was issued postponing the date of auction from 24th February, 1960 to 6th March, 1960 and giving Publicity to the terms and conditions upon which leases would be granted. On 5th March, 1960, the respondents Nos. 3 to 16, who are occupying the Kothas and Chabutras intended to be leased out by the Municipal Committee by public auction, presented an application to the Collector under Sections 53 of the C. P. and Berar Municipalities act, 1922. In that application they stated that they were occupying the Kothas and chabutras for over thirty years and were also paying the rent enhanced by the committee from time to time in respect of the Kothas and Chabutras in their occupation; that the resolution of the Committee for leasing out the Kothas and chabutras by public auction for the year 1960-61 was illegal and contrary to the practice of the Municipal Committee in the matter of leases of this property; and that the resolution of the Committee would also disturb their business and was likely to create a breach of the peace. The said respondents prayed that the execution of the resolution of the Municipal Committee be stayed. On receiving the application, the Collector made the impugned order on 5th March, 1960, which is as follows:-

(3.) THE petitioner-Committee questions the legality of the order of the Collector dated the 5th March, 1960, on the grounds that the proposed auction of the municipal Kothas and Chabutras is only in discharge of the statutory duly of the municipal Committee under the Act and the rules framed thereunder; that Sections 53 does not empower the Collector to interfere in the day-to-day municipal administration or in the discharge of statutory duties; that the conditions for the exercise of the powers by the Collector under Sections 53 did not exist, and that the mere fact that the respondents were in occupation of the Kothas and chabutras for some years did not give them any right to move the Collector for taking action under Section 53. The petition has been opposed by the respondents mainly on the grounds that in making the order under Section 53 (1) of the Act the Collector was not exercising a quasi-judicial function but was only performing an administrative duty and, therefore, the order could not be quashed by a writ of certiorari, and that as the municipal Committee had not in the past auctioned the leases but had granted them by separate agreements in accordance with the bye-laws framed under section 178 of the Act it was now precluded from changing the method of leasing out municipal Chabutras and Kothas.