RAMCHANDRA LAXMICHAND Vs. MUNICIPAL COUNCIL, SATNA

JUDGEMENT

(1.) THIS order will also govern Misc. Petition No. 325 of 1962.

(2.) THESE are two applications under article 226 of the Constitution for the issue of writs of certiorarl for quashing notices of demand issued to each of the Petitioners under Section 164 of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act) by the Respondent Municipal Council of Satna calling upon them to pay the amount of fees due from each of the Petitioners in respect of of the use of municipal market and for quashing the proceeding's initiated under Section 165 of the Act for recovery of the said amounts by sale of moveable and immoveable property belonging to the applicants.

(3.) AFTER the coming into force on 1st February 1962 of the M. P. Municipalities Act, 1961, which repealed the Rawa State Municipallttes Act, the Municipalty Council. Satna, commenced fresh proceedings for the recovery of the market fees due from each of the Petitioners. The Council sent to each of the applicants (sic) under Section 164 for the sum claimed as due. When the Petitioners failed to pa(sic) the sums claimed as due in the bills and did not show any cause to the satisfaction of the Chief Municipal Officer for non -payment, they were served with notices of demand under Section 164(3). The Petitioners still did not pay the amount claimed from them and thereupon the Respondent -Council applied under Section 165(1) to the First Class Magistrate, Satna, for the recovery of market fees from each of the Petitioners by seizure and sale of their removable and immovable property.