TAPEN SEN, J. - (1.) HEARD Mr. V. Shivnath, learned counsel for the petitioner and Mr. Pradeep Modi, learned counsel for the respondents.
(2.) THIS writ application was filed on 12.3.2001. Ten days prior there to, i.e. on 2.3.2001, the petitioner signed Annexure A to the counter affidavit. Annexure A to the counter affidavit unequivocally proves that the petitioner has accepted the default up to 15th March, 2001 and he was willing to pay 50% of the outstanding dues and gave an undertaking that in the event he is unable to do so, the respondent authorities would be free to demolish the structures which had been constructed on the plot. This apart, at paragraph 27 of the writ application, the petitioner has stated that as per his own calculation, the arrears would be around Rs. 33,000/ - and he was ready to pay a sum at the rate of Rs. 77/ -per annum as per the agreement. On calculation, Rs. 77/ - per annum multiplied by 37 years, the figure that is arrived at is 34,088/ -. This proves that the petitioner has, in fact, defaulted right from 1964 onwards. Being a licensee and that too a defaulter of 37 years, he now wants this Writ Court to give a direction in his favour by directing the respondents to consider his demands in relation to the enhancement of the licence fee. This Court, considering the aforesaid facts and circumstances is not inclined to give any relief to the petitioner.
(3.) WHEN the aforementioned order had been passed, Mr. V. Shivnath, learned counsel for the petitioner prayed for a liberty to approach the respondents so that his client does not face ruination specially when he is ready and willing to pay 50% of the dues as accepted by him vide Annexure A.;