LAWS(MPH)-2007-1-16

BACHCHALAL SINDHI Vs. MUNICIPAL COUNCIL SHAHDEL

Decided On January 18, 2007
BACHCHALAL SINDHI Appellant
V/S
MUNICIPAL COUNCIL, SHAHDEL Respondents

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner is challenging the validity of impugned order Annexure-P-1 dated 8-11-2000 by which a sum of Rs. 52,200/- has been claimed by the respondent in regard to requisite charges for extinguishing the fire which took place in the godown of petitioner.

(2.) Shri Shukla, learned counsel for the petitioner by inviting my attention to Annex. P-1 has submitted that fire took place on 25-10-2000 in Ekta Bhawan in which godown of petitioner is also there. On information being received respondent-Municipal Council deployed employees of Fire Brigade to extinguish the fire. However, a sum of Rs. 52,200/- has been demanded for extinguishing the fire vide Annexure-P/1. The contention of learned counsel is that the said demand is per se illegal and without jurisdiction since there is no provision to make such demand in the Municipalities Act, 1961 (in short 'the Act').

(3.) In this petition no return has been filed by the respondent despite providing several opportunities to file the same.