Modern Woollens vs State And Anr
2022 Latest Caselaw 12459 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 2187/2017

Modern Woollens (A Unit Of Modern Threads (I) Ltd., Hamirgarh Road, Transport Nagar Bhilwara, Rajasthan through its authorized signatory, Shri Banwari Lal Saini S/o Shri H S Saini, aged About 50 Years

----Petitioner Versus

1. State of Rajasthan through its Secretary, Finance Department, Secretariat, Jaipur, Rajasthan

2. Nagar Parishad, through its Chairman, having its Office at Rajendra Marg Road, Bhilwara, Rajasthan

----Respondents

For Petitioner(s) : Mr. Vikas Balia, Sr. Advocate with Ms. Aishwarya Sangwa For Respondent(s) : Mr. Sandeep Shah, Sr. Advocate with Ms. Pratyushi Mehta Mr. Rajesh Parihar

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

18/10/2022

Through this writ petition under Article 226 of the

Constitution of India, the petitioner seeks to assail the demand

notice for urban development tax (Annexure-8) dated 02.12.2016

issued by the Municipal Council, Bhilwara.

In view of the preliminary objection raised by the

respondents regarding maintainability of this writ petition and the

availability of a statutory remedy to the petitioner, Shri Balia

referred to a Single Bench judgment of this Court in the case of

Akling Charity Trust vs. State of Rajasthan & Anr. (S.B. Civil Writ

(2 of 2) [CW-2187/2017]

Petition No.7792/2013, decided on 19.10.2016) and urged that

adjudication upon the show cause may be forwarded to the

competent authority as per Section 121 of the Rajasthan

Municipalities Act, 2009.

Learned counsel representing the respondents do not object

to the said submission.

In this view of the matter, the petitioner is given liberty to

submit a proper reply/response/appeal against the impugned

demand notice to the Regional Deputy Director of Local Bodies

within a period of three weeks after serving an advance copy to

the Municipal Council. The appellate authority shall proceed to

decide the appeal after providing opportunity of hearing to the

parties. A reasoned order on the appeal shall be passed within

three months from the date of submission. Till disposal of appeal

or next three months whichever is earlier, the Municipal

Corporation would not insist for payment of the amount under the

impugned demand notice. Needless to say that in case any

adverse order is passed on the appeal, the petitioner shall be at

liberty to take recourse of suitable remedy for ventilating its

grievances.

With the above observations and directions, the writ petition

is disposed of. No order as to costs.

(SANDEEP MEHTA),J (PANKAJ MITHAL),CJ 49-Sudhir Asopa/-

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