RAMESH MISHRA Vs. TOWN IMPROVEMENT TRUST

JUDGEMENT

(1.) SHRI R. S. Kochatta, for the petitioner, Shri K. C. gangarade, appears for respondent No. 1 on a show-cause notice issued by this Court vide order dated 12-7-1990, Government Advocate for the State. They Are heard. By this petition under Article 226 of the Constitution of India, the petitioner, who claims to be a Journalist, prays for a direction to respondent no. 1 to refund the amount of interest collected by it from the petitioner, by quashing the Resolution, Annexure-P/8.

(2.) A few facts may now be seen : Town Improvement Trust, Ratlam. a statutory body incorporated under the provisions of Madhya Pradesh town Improvement Trust Act, 1960. developed Scheme no. 20-popularly known as 'shastrinagar Colony', wherein the petitioner was also allotted a plot, after much correspondence and State intervention as averred by him, subject to certain conditions stated therein. The letter of allotment has been filed as Annexure-P/1, to the petition.

(3.) IT has been contended by the petitioner that respondent No. 1 could not charge interest from the petitioner when the matter about its fixation was pending before the respondents 1 and 2 and as the aforesaid correspondence between the respondents Nos. 1 and 2 indicates the price of the plot was to be settled as per decision of the Government. The petitioner contended that in no case the respondent. No. 1 could either demand or recover any interest on the price of the plot on mere allotment to the petitioner. Petitioner has also filed a copy of the Resolution. Annexure-P11. regarding plot No. 93 in the same scheme alloted to another city Journalist. It was also contended that respondent I had no authority to charge and recover interest. Lastly, it is urged that interest as accumulated, may be waived as done in the case of other journalist