NIRMAL KUMAR KEDIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been tiled by the petitioners for themselves and on behalf of numerous other persons in representative capacity seeking issuance of an appropriate writ in the nature of certiorari for quashing the notification dated 15 -5 -90 as conveyed and communicated in memo No. 1776, Urban Development Department, Patna to respondents Nos. 2 and 3 respectively whereby and whereunder they have sought to enforce recovery of licence fee at the rate of Re. 1 per sq. ft. per month frpm 1985 -86 to 1991 -92.

(2.) THE petitioners and other persons have been holding and possessing different stalls of various different sizes either constructed by the Daltonganj Municipality or by the stall holders themselves and the lands allotted by the said Municipality in the market commonly called as 'Chandharana Bajar'. The petitioners' case is that initially the Daltonganj Municipality allotted stall to different persons including the petitioners on annual rental basis. On or about 30 -5 -72 a resolution was passed by the Commissioner of the Municipality purporting to enhance the said rental by describing it as licence fee at the rate of Re. 0.25 paise per sq. ft. The stall holders filed a representation before respondent No. 2, the Deputy Commissioner, Palamau who suspended the said resolution in exercise of his power under Section 383 of the Bihar & Orissa Municipal Act, 1922. It is stated that thereafter the Commissioner of the Municipality passed a second resolution on 12 -12 -73 purporting to reduce the enhanced rent to Re. Order 15 paise and Re. 0.12 paise per month per sq. ft. The stall holders thereupon filed title suit No. 66/75 in the Court of the Munsif, Daltonganj challenging the said resolution of enhancement of rental at the aforesaid rate. The said suit was ultimately dismissed on 13 -12 -82 by the Addl. Munsif and aggrieved by the said judgment the stall holders filed an appeal being title appeal No. 3/83 which too was dismissed. It is stated that the stall holders preferred second appeal No. 15/84R before this Court. The said appeal was ultimately dismissed by this Court in terms of the judgment dated 26 -9 -91. During the pendency of the appeal the Commissioner of the Municipality purported to enhance the rental/licence fee at the rate Re. 1/ - per sq. ft. per month with effect from 1 -4 -85. However, on an application filed by the petitioners in the second appeal, the resolution of the Commissioner of the Municipality was stayed subject to the condition that the appellants will furnish security to the extent of Rs. 5000/ - each. The petitioners' further case is that on the basis of the said resolution Urban Development Department, Govt. of Bihar issued the impugned notification dated 15 -5 -90 authorising the Daltonganj Municipality to levy licence fee at the rate of Rs. 1/ - per sq. ft. per month with effect from 1 -4 -1985 in respect of the shops in Bajar and the road side lands within the limits of the Daltonganj Municipality.

(3.) A supplementary counter -affidavit has also been filed by the respondents giving a detailed chart showing the exorbitant amount lying against the petitioners as they have not been paying the licence fee tor the last several years.