ASHOK KUMAR MATHUR,J. - (1.) THE petitioner by this writ petition has challenged the notice dated 29 -10 -1982 (Ex. 33) issued by the Municipal Council, Chittorgarh claiming arrears of rent.
(2.) THE petitioner is a registered partnership firm and is carrying on the business of film distribution and exhibition in the name and style of M/s Prem Films. The U.I.T., Chittorgarh as it then was (which has been subsequently merged into the Municipal Board) issued an auction notice for auctioning a land for construction of a cinema house near Gandhinagar Project. The auction was held on 20 -11 -1976 and the petitioner being the highest bidder was allotted the land and he deposited a sum of Rs. 17,142 78 in the office of the UIT, Chittorgarh. The petitioner submits that inspite of the case of the petitioner's bid and the depositing of the necessary amount by the petitioner the authorities did not execute a lease deed nor issued any orders. However, possession of the plot for construction of a cinema house was given to the petitioner on 15 -1 -1977. The petitioner insisted upon completing the formalities. However, meanwhile they have constructed the cinema and it was also inaugurated on 29 -10 -1978 and started exhibition of the films. Thereafter, the Municipal Council Chittorgarh asked the petitioner to deposit the arrears of rent. The same amount was deposited by them. Thereaftert it was not deposited and a plea was taken that the rent of the petitioner's cinema be determined in accordance with the provisions of Rajasthan Land Revenue (Allotment, Conversion and Regularisation of Agricultural Land for Construction of Cinema and Hotel and for Establishment of Petrol Pumps) Rules, 1978. In this connection it was also mentioned that the Tehsildar also issued a notice under Section 91 of the Rajasthan Land Revenue Act to the petitioner treating the present land to be an agricultural land and proceeded to decide this issue by the order dated 7 -4 -1980 (Ex.17). It was held by him that the petitioner is required to deposit the charges in terms of the Rules of 1978. This order was subsequently set aside by the Additional Collector and it was directed that the petitioner should deposit the amount of rent in terms of the auction notice. Now, the Municipal Council, Chittorgarh has issued a notice of demend Ex, 33 and directed the petitioner to deposit the amount of rent. This order is sought to be challenged by the petitioner by filing the present writ petition.
(3.) A return has been filed by the respondents and it has been pointed out that this piece of land was not an agricultural land. This was an urban land the same was auctioned by the then U.I.T which subsequently merged in the Municipal Council, Chittorgara and the petitioner was allotted the present piece of land for construction of a cinema house. He constructed the cinema and has not come forward for excution of the lease deed. As per the terms of auction lease deed was to be executed after the construction of the cinema. Since the U.I.T. is no more and the then U.I.T. has been merged with the Municipal Council, Chittorgarh therefore, the Municipal Council, Chittorgarh is entitled to receive rent from the petitioner in terms of auction notice It was further submitted that the Rules of 1978 are not applicable in the case of the petitioner because the land was not an agricultural land. Therefore, rent has been rightly assessed by the Municipal Council and the same is being recovered from the petitioner under Chapter VIII of the Rajasthan Municipalities Act, 1959.;