MUNICIPAL COUNCIL, PAYAL Vs. MANJIT SINGH

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order dated 11.7.2011, passed by learned Single Judge whereby writ petition preferred by the respondent-Manjit Singh has been allowed and order of recovery of balance amount of contract money passed under the Public Premises Act (for short 'the Act'), has been set aside.

(2.) The short question that arises for consideration is whether the afore-stated order could be passed under the provisions of the Act Learned Single Judge has reproduced Section 2 (g) of the Act which defines 'rent' in relation to any 'public premises' and which includes the consideration payable periodically for the authorized occupation of the premises.

(3.) The admitted fact is that the amount sought to be recovered from the respondent through the impugned order passed under the Act is the balance of the contract money which the respondent had agreed to pay in terms of the bipartite agreement dated 27.3.1998 (Annexure P-1) for lifting the dead animals in the area of Municipal Council, Payal, for the year 1998-99. The respondent could not honour the said agreement and eventually the impugned order was passed under the Act, for recovery of the said amount.