RAMKISHAN Vs. STATE OF M P

JUDGEMENT

(1.) IN this petition petitioners or the lessees Municipal Council Mandla have assailed the competence of Collector to give approval to the lease rent fixed by the Municipal Council to approve the lease rent as per order dated 23-4-2001.

(2.) IT is not in dispute that petitioners were given the shops on rent way back in the years 1976, 1980-81, 1982, 1983 etc. They were paying the rent rs. 100,110,135,165/ -. The rates were enhanced by 15% in the year 1987. The matter was referred to the Collector for approval. The Collector has passed an order (P-4 ). The Collector opined that it would be proper to enhance the rent after the lease period expires of the first ten years by 50% and for subsequent 10 years by another 50%. Pursuant thereto the Municipal Council Mandla passed a resolution (P-5) on 19-6-2001 accepting the increase which was proposed by the Collector.

(3.) FURTHER facts need not a dilated upon as only singular submission has been raised by Shri K. B. Bhatnagar with respect to jurisdictional competence of Collector to pass the order (P-4 ). He has submitted that as per rules called M. P. Municipalities (Transfer of Immovable Property) Rules, 1963 (hereinafter referred to as 'the Rules' ). It was not permissible to the Collector to pass the kind of order (P-4) which he has passed, thus the decision of the Council to enhance the rent by 15%, was proper. Thus order passed by the Collector and the resolution (P- 5) passed on that basis, be quashed.