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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Chief Executive Officer, Cantonment Board Kasauli – Appellant
Versus
Mohd Sultan Malik – Respondent
| Table of Content |
|---|
| 1. petition challenges dismissal of s.324 rent recovery application. (Para 1 , 2) |
| 2. board reduced full lockdown rent exemption to 50%. (Para 3 , 4 , 5 , 6) |
| 3. arguments on s.324 applicability to lease rent arrears. (Para 7 , 8) |
| 4. s.324 enables magistrate recovery of due rent. (Para 9 , 10) |
| 5. magistrate lacks jurisdiction over board's exemption decisions. (Para 11 , 12 , 13) |
| 6. order set aside; remanded for fresh adjudication. (Para 14 , 15) |
JUDGMENT :
AJAY MOHAN GOEL , J.
By way of this petition, the petitioner has prayed for the following relief:-
“It is, therefore, very humbly prayed that impugned order dated 30.05.2023 (Annexure P-1), passed in case No.39/3 of 2023 titled as Chief Executive Officer Cantonment Board versus Mohd. Sultan Malik, by the learned Additional Chief Judicial Magistrate Kasauli, may please be ordered to be quashed and set aside and the Magistrate may be directed to recovery the arrear of lease rent in accordance with the mandate of Section 324 of the Cantonment Act, 2006 and Sections 421 and 422 of the Code of Criminal Procedure, in view of the submissions made hereinabove, in the interest of justice.”
2. The petitioner is aggrieved by the order p
Judicial Magistrate under Section 324 of Cantonment Act has limited jurisdiction in lease rent arrears recovery; cannot examine validity of Board's unchallenged resolution modifying lockdown rent exe....
The court affirmed that lease rent fixation by the government is an administrative function, and increases based on market conditions are lawful unless proven arbitrary.
Litigants must exhaust statutory remedies before seeking relief in civil courts; failure to comply results in non-maintainability of suits.
Civil courts retain jurisdiction to adjudicate claims for natural justice violations, despite statutory bars under the Cantonments Act.
Statutory authorities must enforce the law against unauthorized activities in Cantonment areas, and cannot plead helplessness in the face of illegalities.
Housing Board – Jurisdiction - A provision of law ousting the jurisdiction of Civil Court, is to be strictly construed.
The court established that the right to appeal can be conditioned by statute, and such conditions do not inherently violate constitutional rights.
The court emphasized that the discretionary power under Order XV Rule 5 of the CPC must be exercised judiciously, particularly in cases of non-payment of rent, reflecting the parties' conduct.
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