RAGHUNATH SABAT Vs. COUNCILLERS OF NAC, HINJILICUT

JUDGEMENT

(1.) Plaintiff no.2 is the appellant against a reversing judgment in a suit for declaration that the enhancement of licence fee passed by the Notified Area Council, Hinjilicut-defendant is not valid and permanent injunction.

(2.) The brief fact of the case is that the original plaintiff-Baraja Sabat, was in occupation of stall no.1 constructed by the defendantNotified Area Council ("NAC") and running a shop on payment of monthly fee of Rs.30/- since 1972. The defendant gradually enhanced the licence fee from Rs.30/- to Rs.80/- per month. He used to pay licence fee regularly. While the matter stood thus, the defendant enhanced the licence fee from Rs.80/- to Rs.200/- w.e.f.1.1.84 and issued notice to him on 7.12.83. The defendant directed him to deposit the enhanced licence fees of six months from receipt of notice and to execute a fresh agreement and in the alternative, he was asked to vacate the stall by 1.1.84. On receipt of the notice on 12.12.83, he filed a representation ventilating his grievance through registered post and the same was received by the defendant on 16.12.83. He issued a notice under Sec.349 of Orissa Municipal Act to the defendant on 19.2.84. The defendant tried to take coercive steps to evict the plaintiff from the stall. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) The defendant filed written statement denying the assertions made in the plaint.