CHANDA BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) In this intra -court appeal preferred under Section 2 of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 (for brevity 'the Act'), the substantiality and legal acceptability of order dated 18.7.2006 passed by the learned Single Judge in Writ Petition No. 697/2002 is called in question.

(2.) The aforesaid enhancement of rent was assailed by the Appellants before the learned Single Judge in a writ petition. It was contended by them that the Collector had no jurisdiction to pass any kind of order as per M.P. Municipalities (Transfer of Immovable Property) Rules, 1963 (for short the 1963 Rules') and, therefore, the resolution passed by the Municipal Council that has emerged because of the order of the Collector, is bereft of authority and jurisdiction. It was also asserted that the initial proposal of the Municipal Council to enhance the rent by 15% was legal, valid, just and proper. Quite apart from the above, it was contended by the Appellants that the enhancement by 50% was excessive arbitrary, irrational and unreasonable.

(3.) The State Government as well as the Municipal Council, Mandla resisted the stand of the Appellants contending, inter alia, that under Rule 5 (3) (a), the Collector has the authority and competence to fix a reasonable annual rent which shall be payable during the whole term of the lease and, therefore, the order passed by the Collector has to be treated as flawless and sound. The learned Single Judge referred to Rule 5 (3) in entirety and came to hold that the proponement put forth by the Appellants that the Collector was not competent authority to fix the rent is unsustainable.