Food Corporation Of India vs The Commissioner, Municipal ...
2024 Latest Caselaw 19716 P&H

Punjab-Haryana High Court

Food Corporation Of India vs The Commissioner, Municipal ... on 7 November, 2024

Author: Sanjeev Prakash Sharma

Bench: Sanjeev Prakash Sharma

                               Neutral Citation No:=2024:PHHC:145239-DB




CWP-12712-2020
          2020 (O&M)

                                  Page 1 of 2

216

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                                     CWP-12712-2020 (O&M)
                                                 Date of Decision: 07.11.2024
                                                                        .2024
FOOD CORPORATION OF INDIA
                                                               . . . . Petitioner
                                      Vs.

THE COMMISSIONER, MUNICIPAL CORPORATION PATHANKOT

                                                             . . . . Respondent
                                ****
CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
         HON'BLE MR. JUSTICE SANJAY VASHISTH
                                ****
Present: Mr Ish Puneet Singh,, Advocate for the petitioner.
         Mr.
         Mr. Sanjeev Soni, Advocate and
         Mr. Sarthak Soni, Advocate
         for the respondent.
                               ****
SANJEEV PRAKASH SHARMA, J.(Oral)

1. Admittedly, the respondent has on account of a decree and judgment

dated 04.04.2015 refunded refund the amount of Rs.15,85,791/ Rs.15,85,791/- along with

interest @6% p.a. w.e.f. 30.09.2010.

2. Learned counsel for the petitioner has pointed out that the said amount

which has been refunded refund is in relation to the house tax recovered from the

petitioner for the period upto 2008, whereas in the present petition, the

petitioner claims refund of the house tax for the assessment year 2008 2008-09

and 2009-10.

3. Taking into consideration that the Municipal Corporation, Pathankot has

already accepted the decree and judgment passed by the Civil Court

relating to the refund of the amount of house tax recovered from the

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Neutral Citation No:=2024:PHHC:145239-DB

CWP-12712-2020 2020 (O&M)

petitioner for the years 2002 to 2008, the respondent would now also

similarly refund the amount of house tax recovered from the petitioner for

the subsequent years i.e. AY 2008-09 2 09 and 2009 2009-10 10 along with interest at

the same rate i.e. @6% p.a.

4. The writ petition is disposed of in aforesaid terms.

5. Said exercise shall be conducted within a period of three months

henceforth.

6. All pending applications also stand disposed of accordingly.

(SANJEEV SANJEEV PRAKASH SHARMA SHARMA) JUDGE

(SANJAY VASHISTH) JUDGE November 07,, 2024 Mohit goyal

1. Whether speaking/reasoned? Yes/No

2. Whether reportable? Yes/No

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