SATISH KASHYAP Vs. CHIEF MUNICIPAL OFFICER,MUNICIPAL COUNCIL

JUDGEMENT

(1.) This writ petition has been filed by petitioner for quashment of demand notice dtd. 22/1/2022 (Annexure P/10) seeking to recover the amount of Rs.8,47,800.00 within seven days, failing which, it was stated, the post dated cheques deposited by the petitioner shall be encashed by the respondents. Further, a prayer was made that the action of respondents in demanding the installments for the contract of holding auction of Weekly Open Market (Saptaahik Baithaki Bazaar), Barghat for the period from 1/4/2021 to 31/3/2022, be declared as illegal and agreement dtd. 19/8/2021 executed between the parties be declared as void having been frustrated by virtue of the provisions of Sec. 56 of the Contract Act. A prayer is also made to restrain the respondents from encashing the 10 post dated cheques deposited by the petitioner with them.

(2.) Learned counsel for the petitioner has relied on the order dtd. 23/2/2021 Signature Not Verified SAN passed in W.P. 2531/2021 (Yugal Kishore Choudhary vs. State of M.P. and Others) wherein the similar issue has come up for consideration before this Court and the Court has directed thus:-

(3.) Similar issue is also involved in this case. Considering the aforesaid order passed in W.P. No.2531/2021 will apply mutatis mutandis in the present case. This petition is disposed of with a direction to the petitioner to file a detailed representation to the respondent No.1 within a period of one month form the date of receipt of certified copy of the order passed today and in turn respondent No.1 is directed to decide the same after considering the circumstances and the documents produced in this regard and pass a speaking order.