ARVIND MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present application, the petitioner has challenged the notice dtd. 3/12/2021 as contained in Annexure-4 to the writ application whereby respondent no. 4 the Executive Officer, Nagar Parishad, Kishanganj has directed the petitioner to deposit the remaining amount of Rs.1,80,000.00 (one lac eighty thousand) for settlement of Budha Nehru Shanti Park, Kishanganj, failing which a certificate proceeding shall be initiated against him.

(2.) Learned counsel for the petitioner submitted that Budha Nehru Shanti Park, Kishanganj was settled in favour of the petitioner for the year 2020-2021 and total amount of Rs.3,60,000.00 (three lacs sixty thousand) had to be deposited by the petitioner against the settlement in auction. Out of the said total amount of Rs.3,60,000.00, the petitioner deposited Rs.1,80,000.00 in the office of Nagar Parishad Kishanganj. The period for which the settlement was made commenced from 1/4/2020 and ended on 31/3/2021. He contended that due to nationwide lock-down announced by the Central Government w.e.f. 24/3/2020 owing to COVID-19 Pandemic, the park could not be opened and there was no park visitation as a result of which the petitioner suffered huge monetary loss. Since he had no income, he could not deposit the remaining amount of Rs.1,80,000.00. He submitted that the demand being made by the respondent-Nagar Parishad, Kishanganj is arbitrary as the authorities are fully aware that the park was shutdown during the period for which the settlement was made in favour of the petitioner.

(3.) Per contra, Mr. Shankar Kumar, learned counsel for the State submitted that the petitioner has come against the notice issued to him by the Nagar Parishad, Kishanganj. He contended that instead of approaching this Court, the petitioner could have explained his position before the Executive Officer, Nagar Parishad, Kishanganj, who would consider the matter and pass order in accordance with law.