MUNISIPALTY
Arvind Singh Chauhan
(Querist) 20 December 2009
This query is : Resolved
Sir,
"A" had agreement that he will pay to municipality 10000/- in lieu of allotment of shop. Later he was not in position to pay amount. He is regularly paying rent Rs 500/ Pm to municipality for this shop. Municipality and D M issued Recovery certificate to recover the amount as land revenue. I filed suit for injunction and also for cancellation of this deed, with pleading that According to 173A of UP Municipality Act only Tax is recoverable as land revenue. This amount is not a tax and can not be recoverable as land revenue. If municipality wants to recover, they must apply for specific performance of this deed. I also prayed that in lieu of this amount A is getting nothing, neither ownership nor permanent allotment. This agreement is without consideration and is void. Agreement is also not approved by necessary resolution passed by municipality. Court rejected my application for interim stay of recovery, mentioning the party has agreed already. Courts order seems to be as final order. Now suits purpose may fail authorities are compelling him and threatening to arrest him. Purpose of my suit has been failed. Now what should I Do.
adv. rajeev ( rajoo )
(Expert) 21 December 2009
Municipality authorities cannot threaten to arrest him. You file another application against the municipality u/o 39 r 1 &2 as not to evict your client without following the due process of law.
You are right deposit cannot be recovered as land revenue. They know that there is no valid document as such they are harrashing your client.
If you filed miscellaneous appeal against the order of rejection of your application it is not sure the appellate court will grant the TI
Arvind Singh Chauhan
(Querist) 21 December 2009
Sir,
Lot of thanks for quick response and help. I have already filed application under Order 39 Rule 1&2 praying to restrict the authorities from collecting the amount up to final disposal of case. I think it will take long time in deciding TI. I filed the application for interim stay up to the next date, because there is winter vacation from 25 Dec to 31 Dec and Civil Vacation from 1 Jan to 1 Feb, keeping in mind that govt authorities may torture may client. But court reject it, citing that my client has already agreed with agreement. Now if amount is recovered from my client purpose of my suit would be defeated.
