Jawaharlal Nehru Memorial Fund vs The State Of U.P. And Others
2021 Latest Caselaw 10501 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT TAX No. - 487 of 2021
 

 
Petitioner :- Jawaharlal Nehru Memorial Fund
 
Respondent :- The State Of U.P. And Others
 
Counsel for Petitioner :- Pratik J. Nagar,Sri J. Nagar(Sr. Advocate)
 
Counsel for Respondent :- C.S.C.,Sunil Dutt Kautilya
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Sri Arun Kumar learned Advocate appearing for respondent-Nagar Nigam, at the outset, raises an objection with regard to the maintainability of the present writ petition with the assertion that the petitioner has filed an appeal under Section 472 of the U.P. Municipal Corporations Act, 1959 before the competent court which is pending as on date. The previous writ petition filed by the petitioner challenging the assessment order had been dismissed on the ground of alternative remedy by the judgment and order dated 22.5.2014 which is appended at page '98' of the paper book.

A perusal of the record further indicates that the petitioner had already availed the remedy under the U.P. Municipal Corporation Act, 1959.

It is further submitted by Sri Arun Kumar learned Advocate for the respondent-Nagar Nigam that as on date there is no demand notice or recovery against the petitioner.

Be that as it may, in view of the admitted fact of pendency of the appeal filed by the petitioner, we find that the present writ petition is not maintainable.

It goes without saying that in case of any recovery or demand during pendency of the appeal, it is open for the petitioner to pray interim relief in the pending appeal.

For the aforesaid, the writ petition is dismissed.

We may further record that the appeal is pending since the year 2014, we, therefore, expect that the competent court shall make an endeavour to decide the appeal at the earliest, provided the petitioner cooperates.

Order Date :- 17.8.2021

Brijesh