WPMS/647/2022
2022 Latest Caselaw 1058 UK

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                                      WPMS No.647 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Subhang Dobhal, Advocate for the petitioner.

Mr. N.S. Pundir, Deputy Advocate General for the State of Uttarakhand.

Mr. Akshay Kumar, Advocate holding brief of Mr. Navnish Negi, Advocate for respondent nos.2 & 5.

The petitioner's are admittedly an allottee of eight shops which were allotted by the Municipal Board, Srinagar, District Pauri Garhwal, for operating their butcher shop.

The petitioner has fell in default in remittance of the rent due to be paid for the period from 11.07.2018 to 31.03.2021 and as a consequence thereto, the notice for recovery was issued on 04.03.2022, determining the amount of arrears of rent payable to be Rs.13,27,235/-. The same was not deposited despite of notice having been issued. Hence, respondents had proceeded to invoke the provisions contained under Section 280 of the U.P. Z.A. & L.R. Act to be read with Rule 236 of Z.A. & L.R. Act by issuing Z.A. Forum No.69 for recoverying the defaulted of rent as arrears of land revenue for an amount of Rs.13,27,235/-.

The counsel for the petitioner submitted that in case if this Court fixes easy instalments in order to enable them to remit the entire amount, they would have no quarrel, as such on the issue. The proposal extended by the counsel for the petitioner for remitting the defaulted arrears of the rent for the aforesaid period, is not disputed by the counsel appearing for the municipal body. In that eventuality, this writ petition is being disposed of with the following directions:-

(i) That the petitioner would remit the entire arrears of rent determined as to be Rs.13,27,235/-in four equal quarterly instalments.

(ii) First instalment is directed to be deposited by the petitioner within a period of one month from today.

(iii) The remaining three instalments would be thereafter be deposited by the petitioner in three quarterly instalments.

(iv) It is made clear that if there is any default in compliance of any of the conditions of depositing the amount as directed above, it will be open for the respondents to proceed with the recovery citation, which is impugned in the writ petition.

However, it is clarified that since the petitioner has bonafidely expressed his willingness to remit the amount coupled with the fact that merely issuance of a recovery citation will not amount to any positive action having being taken by the State agency, to recover the amount, no recovery charges would be levied on the petitioner in view of the judgment of Asha Textiles as rendered by the Division Bench of Allahabad High Court.

The respondents would adjust the amount, if any, already deposited by the petitioner at the stage when the last instalment falls due to be paid.

Subject to the aforesaid observations, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 01.04.2022 Arti