121wp1335.10.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 1335 of 2010 (Rajmal s/o. Ratanlalji Dalal .vs. NIT and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 12/01/2011. Heard Mr. B.N.Mohta, Adv. for the petitioner and Mr.S.K.Mishra, Adv. for respondent no.1. Civil Application No. 2397 of 2010 is moved by the petitioner wherein the following prayer is made : “allow this application thereby direct the Respondent to accept lease money/ground rent at the rate of Rs.336/- per year for the years 2008 to 2011 and thereafter every year in respect of Plot No.18 of Kh.No.21 Hiwari Layout, Nagpur, in view of the registered lease deed for 99 years and further direct the Respondent to issue Demand Note 121wp1335.10.odt 2 . therefor, without charging interest and/or penalty as Petitioner though ready, Respondent insisted for increased rate; “ Mr. B.N.Mohta, Adv. for the petitioner has submitted that the N.I.T. now has issued a demand note at the rate of Rs.336/- per year for the years 2008 to 2011 in respect of the land under lease. It is submitted that, in view of the said demand, the main cause of action in the petition no more survives. It is submitted that the issue which remains to be addressed is in respect of interest which the N.I.T. has imposed on the arrears of ground rent for the year 2008- 2011. It is contended that the petitioner was always ready and willing to pay the ground rent @ Rs.336/- per year; however, the N.I.T. did not accept the same and increased the ground rent initially and thereafter, again decreased the ground rent and agreed that the ground rent chargeable in respect of the land of the petitioner under lease (for 99 years) at the rate of Rs.336/- per year. It is submitted that, in the circumstances, the N.I.T. is not entitled to charge any interest on the said amount. Mr.S.K.Mishra, Adv. for the N.I.T. has not disputed that the demand now made 121wp1335.10.odt 3 . is at the rate of Rs.336/- per year; however, so far as the aspect of charging interest is concerned, appropriate decision in this regard would be taken by the N.I.T. In the backdrop of the above referred undisputed facts, the basic cause of action in the main petition no more survives and hence, we dispose of Writ Petition No.1335 of 2010 accordingly. Similarly, Civil Application No.2397 of 2010 is also disposed of with a direction to the N.I.T. to take appropriate decision in respect of charging interest on the arrears of ground rent which the petitioner was always ready and willing to pay from the beginning, within a period of four weeks from the date of communication after giving opportunity of hearing to the petitioner. JUDGE JUDGE jais