Dhairyashilraao Wagh Smruti ... vs Gram Panchayat,Rohna & 2 Ors
2017 Latest Caselaw 5540 Bom

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                                                          wp1377.02.odt

   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             NAGPUR BENCH, NAGPUR

                   Writ Petition No.1377 of 2002

  Dhairyashilrao Wagh Smruti Janata
  Sahakari Prakriya Sanstha Maryadit,
  Rohna, Registration No.109,
  through its President, Shirish s/o
  Dhairyashilrao Wagh,
  Adult, R/o Rohna, Tq. Arvi,
  Distt. Wardha.                                   ... Petitioner


       Versus


  1. Gram Panchayat, Rohna,
     through its Secretary,
     R/o Rohna, Tq. Arvi,
     District Wardha.

  2. Village Development Officer,
     Gram Panchayat, Rohna,
     Tq. Arvi, Distt. Wardha.

  3. State of Maharashtra,
     through its Secretary,
     Rural Development Department,
     Mantralaya, Bombay-32.                        ... Respondents


  Shri Alok Daga, Advocate for Petitioner.
  Shri S.M. Ukey, Additional Government Pleader for Respondent 
  No.3.




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                Coram : R.K. Deshpande & Mrs. Swapna Joshi, JJ.

rd Dated : 3 August, 2017

Oral Judgment (Per R.K. Deshpande, J.) :

1. The assessment of property tax for the year 2000-2001

by the respondent No.1-Gram Panchayat, Rohna was to the tune

of Rs.1,515/-, as per the bill dated 29-7-2000. It was reviewed

on 18-7-2001 by the Gram Panchayat and it was assessed to

Rs.42,753/-. The petitioner raised an objection to the said

assessment on 17-9-2001. The objection was decided, and on

24-9-2001, the property tax was brought down to Rs.16,628/-.

Accordingly, the bill was issued to the petitioner in the month of

December 2001 for the said amount.

2. Relying upon the Government Resolution

dated 9-2-2001, it is urged that the revision in the tax could not

exceed three times the initial assessment. According to the

petitioner, the initial assessment for tax was of Rs.1,515/-, which

could not exceed Rs.4,545/-. This has not been considered by

the respondent-Gram Panchayat.

wp1377.02.odt

3. None appears for the respondent-Gram Panchayat. We

have heard Shri Alok Daga, the learned counsel for the

petitioner; and Shri S.M. Ukey, the learned Additional

Government Pleader for the respondent No.3. The

respondent-Gram Panchayat is required to take into

consideration the Government Resolution dated 9-2-2001.

Hence, we direct the respondent-Gram Panchayat to take into

consideration the provisions of the said Government Resolution

and to pass an appropriate order within a period of three months

from the date of appearance of the petitioner before the Gram

Panchayat. The petitioner to appear before the Gram Panchayat

on 18-9-2017.

4. Rule accordingly. No order as to costs.

                               JUDGE.                JUDGE.

   Lanjewar