PREM FILMS Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) THE petitioner by this writ petition has challenged the notice dated 29 -10 -1982 (Ex. 33) issued by the Municipal Council, Chittorgarh claiming arrears of rent.

(2.) THE petitioner is a registered partnership firm and is carrying on the business of film distribution and exhibition in the name and style of M/s Prem Films. The U.I.T., Chittorgarh as it then was (which has been subsequently merged into the Municipal Board) issued an auction notice for auctioning a land for construction of a cinema house near Gandhinagar Project. The auction was held on 20 -11 -1976 and the petitioner being the highest bidder was allotted the land and he deposited a sum of Rs. 17,142 78 in the office of the UIT, Chittorgarh.

(3.) A return has been filed by the respondents and it has been pointed out that this piece of land was not an agricultural land. This was an urban land the same was auctioned by the then U.I.T which subsequently merged in the Municipal Council, Chittorgara and the petitioner was allotted the present piece of land for construction of a cinema house. He constructed the cinema and has not come forward for excution of the lease deed. As per the terms of auction lease deed was to be executed after the construction of the cinema. Since the U.I.T. is no more and the then U.I.T. has been merged with the Municipal Council, Chittorgarh therefore, the Municipal Council, Chittorgarh is entitled to receive rent from the petitioner in terms of auction notice It was further submitted that the Rules of 1978 are not applicable in the case of the petitioner because the land was not an agricultural land. Therefore, rent has been rightly assessed by the Municipal Council and the same is being recovered from the petitioner under Chapter VIII of the Rajasthan Municipalities Act, 1959.