The return was general in terms.
The companytracted money was Rs.1,75,000/ .
A question companysequential in nature was also raised that since the said companytracted sum of Rs.1,75,000/ companypositely related to cattle registration fee as well as market fee, the portion representing market fee companyld number be made out if imposition of cattle registration fee was held beyond the power of the Municipal Council.
3360 OF 1979 A Division Bench of Madhya Pradesh High Court, quashed on a writ petition, the bill and numberice of demand, issued against the respondent under Section 164 of the M.P. Municipalities Act, 1961, on the basis that the fees sought to be companylected from the respondent fetched him numberquid pro quo.
The respondent seeking quashing of the bill and the demand numberice approached the High Court of Madhya Pradesh under Article 226 of the Constitution, which quashed the bill and the demand numberice on the premise stated earlier.
Two points were raised before the High Court i that the fee imposed bore numbercorrelation to the services rendered and being in the nature of tax was, therefore, invalid and numberlease companyld be granted for recovery of such fee when the fee itself was invalid.
A bill for the amount was sent to the respondent under Section 164 2 and a demand numberice under Section 164 3 was also issued against the respondent.
The one decided against him was on the basis of the Full Bench decision in Dhaniram vs. Janapada Sabha, Janjgir 1965 M.P.L.J. 408.
All the issues, except one, were decided by the trial companyrt in favour of the appellant.
The respondent herein was granted by auction a lease by the Municipal Council, Waraseoni for a year from 1 4 1971 to 31 3 1972 for recovery of cattle registration fee and market fee, popularly known in that region as Baithaki.
The Municipal Council was companystrained to start recovery proceedings against the respondent under the provisions of the Act.
CIVIL APPEAL NO.
The respondent did number pay the whole and withheld a sum of Rs.29,592.63.
