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1982 Supreme(SC) 179

D.A.DESAI, V.BALAKRISHNA ERADI
Raj Restaurant – Appellant
Versus
Municipal Corporation Of Delhi – Respondent


Advocates:
A.C.GULATI, B.B.Sawhney, B.P.MAHESHVARI, K.PARASARAN ATTORNEY, P.K.Seth, R.K.GARG, SARDAR BAHADUR SAHARYA

ORDER :— Petitioner 2 and some others are running a restaurant under the name and style of petitioner I on the first floor of premises No. 23/3, East Patel Nagar, New Delhi, since 1970. Petitioners had applied for a licence as required by Sec. 421 of the Delhi Municipal Corporation Act, 1957 (Act for short). In August 1976 petitioners were asked by the Municipal Corporation ("Corporation" for short) to deposit the licence fee from the date of application till March 31, 1977, in the total amount of Rs. 166/- which the petitioner duty deposited on August 17, 1976. A receipt acknowledging the payment of the licence fee was issued. Subsequently every year the licence fee was deposited from. year to year with a request for renewal of licence and every year fresh receipt was issued which would tantamount to renewal of the licence. Such yearly renewal covered the period 1978-79. When the petitioners applied for renewal of the licence for the period April 1, 1979, to March 31, 1980, the Corporation as per its letter dated May 7, 1979, asked the petitioners to comply, with certain requirements as set out therein. The Corporation did not accept the licence fee which was tendered by the petit












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