BEAWAR CLUB, BEAWAR Vs. MUNICIPAL COUNCIL, BEAWAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner against the notice dated 24.09.2010 requiring him to vacate the lease hold land. This Court by order dated 7.10.2010 stayed the operation of the aforesaid order. Subsequently, on 27.8.2013, this Court when apprised of the fact that petitioner has not been paying the lease money since 1989, required the petitioner to pay the rent at the rate of Rs.50,000 to the respondent-Municipal Council, Beawar. It was made clear that the rent will be paid on 15th of every month. If the petitioner fails to pay the rent as directed by this Court, the interim order passed by this Court shall stand vacated automatically. It was left open to the Municipal Council, Beawar to take a decision on the application/reply filed by the petitioner-Club in pursuance of the notice dated 24.09.2010. Deposition of rent, as aforesaid, will be subject to final decision of the writ petition.

(2.) Application (37982/13) has been filed by the petitioner for recalling of the aforesaid order contending that the consent of learned counsel for the petitioner has been wrongly recorded, whereas counsel for the respondent has submitted that the word 'rent' has wrongly been mentioned in the order and it should be 'usage charges' instead.

(3.) Petitioner's counsel has additionally submitted that he has already made an application to the Municipal Board for condoning the default and accepting the lease money and that his application should be decided by condoning the delay and the lease should be renewed.