Maharashtra Institute Of Rural ... vs State Of Maharashtra, Thr. ...
2021 Latest Caselaw 9183 Bom

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

                            WRIT PETITION NO. 2432 OF 2021
 (Maharashtra Institute of Rural Development, Akola and anr. Vs. State of Maharashtra and
                                         others)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions            Court's or Judge's orders.
and Registrar's Orders.
                            Shri A.R. Deshpande, Advocate a/w Shri P.U. Kavishwar,
                            Advocate for petitioners.


                            CORAM : SUNIL B. SHUKRE AND
                                    ANIL S. KILOR, JJ.

                            DATE         : 14th JULY, 2021.


                                          Hearing   was     conducted        through        Video

conferencing and the learned counsel agreed that the audio and video quality was proper.

2. Heard.

3. The contention is that the petitioner No.1- being an Educational Institution and the petitioner No.2 being an Institution Imparting Education performed their functions for charitable purpose and therefore, in view of the judgment rendered in the case of Shahbabu Education Society, Patur and anr. Vs. State of Maharashtra and anr., on 16.08.2019 by this Court, the petitioners could not be subjected to tax liability of property tax and that of land revenue as is sought to be done by respondent Nos.3 & 4, when they issued the impugned notices.

22.wp2432.2021.odt

4. Having considered the view taken by this Court in its aforestated judgment dated 16.08.2019, we are of the view that at this stage, the petitioners have made out prima facie case.

5. Issue notice for final disposal at admission stage to the respondents, returnable after four weeks.

6. Ms. Ketki Joshi, learned GP waives service of notice for respondent Nos.1, 2 & 4.

7. Meanwhile, there shall be interim relief in terms of prayer clause (B), until further orders.

                                       JUDGE                          JUDGE
Prity