SH MANJIT SINGH Vs. MUNICIPAL COUNCIL PAYAL THROUGH EXECUTIVE OFFICER MUNICIPAL COUNCIL PAYAL DISTRICT LUDHIANA

JUDGEMENT

(1.) THE subject of challenge in the writ petition is an action taken under the Public Premises Act for alleged rentals payable by the petitioner under the contract. THE jurisdiction to initiate action is the subject of challenge before this Court.

(2.) THE contract under which the petitioner bound himself to make the payment of Rs. 1,25,500/- was an agreement entered on 27.03.1998 for lifting dead animals from within the limits of Municipal Council, Payal. THE contract period was of one year. It appears that the petitioner had experienced some difficulties and issued a notice on 15.05.1998 stating that he was not willing to go through the contract.

(3.) THE amount payable does not amount to rent payable for the use of any premises. THE action taken under the Public Premises Act is, therefore, incompetent and without jurisdiction. THE impugned order is quashed and the appeal proceedings, which are subject of impugned order, are also quashed.