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2022 DIGILAW 1185 (JHR)

Avinash @ Minkal v. Hazaribagh Municipal Corporation

2022-09-21

RAJESH SHANKAR

body2022
ORDER : 1. The present writ petition has been filed for issuance of direction upon the respondents to make payment of the entire bills raised by the petitioner for using his tractor bearing Registration No. JH 02F-9515, which was given to them on rent. 2. Learned counsel for the petitioner submits that pursuant to notice dated 24th December, 2017 issued by the respondents for taking tractors on rental basis, the petitioner offered the aforesaid tractor. The said offer of the petitioner along with others was accepted by the respondents vide Memo No. 57 dated 26th December, 2017 issued under the signature of the respondent no. 3 with a direction to hand over the tractor to the respondents. 3. The grievance of the petitioner is that he has been made payment of Rs. 40,425/- against his bill of Rs. 41,250/- raised by him for the first time for the period from 28th December, 2017 to 28th February, 2018 @ Rs. 750/- per day and since then no further payment has been made to him by the respondents for using his tractor. In the meantime, the condition of the said tractor also got deteriorated due to reckless use of the same by staff of the respondent-Hazaribagh Municipal Corporation. Despite repeated requests of the petitioner for release of the balance amount, the same was not paid to him, which has compelled him to prefer the present writ petition. 4. A counter affidavit has been filed on behalf of the respondents stating inter-alia that subsequent to the first payment made to the petitioner for using his tractor on rent, a cheque for an amount of Rs. 1,05,105/- for the period from March, 2018 to August, 2018 was also prepared in favour of the petitioner, however, he refused to accept the same. A copy of the said cheque has been annexed as Annexure-D to the counter affidavit. It has also been stated in the said counter affidavit that vide memo no. 1675 dated 14th September, 2020, the respondent no. 2 intimated the petitioner to take back his tractor, as it was lying in the premises of the municipal corporation since 31st August, 2018 due to certain technical fault. Another intimation in this regard was made to the petitioner vide memo no. 356 dated 2nd February, 2021, however, the petitioner failed to take back the said tractor. 5. 2 intimated the petitioner to take back his tractor, as it was lying in the premises of the municipal corporation since 31st August, 2018 due to certain technical fault. Another intimation in this regard was made to the petitioner vide memo no. 356 dated 2nd February, 2021, however, the petitioner failed to take back the said tractor. 5. Learned counsel for the petitioner submits that the petitioner is ready to accept Rs. 1,05,105/- towards rent of the said tractor for the period from March, 2018 to August, 2018, however, the said acceptance will be without prejudice to his right to claim further amount from the respondent-Corporation taking recourses as available under law. The petitioner is also ready to take back the tractor in question. 6. Considering the stand taken by the respondents in the counter affidavit as well as submission of the learned counsel for the petitioner, the respondent- Corporation is directed to pay admitted amount of Rs. 1,05,105/- to the petitioner towards rent of the tractor for the period from March, 2018 to August, 2018 within a period of one week from today. Moreover, if the petitioner approaches the concerned authority of the Corporation for taking back his tractor, the same will be handed over to the petitioner forthwith. 7. The writ petition is, accordingly, disposed of with the aforesaid direction.