Dhanraj Singh Prajapati Vs. Nagar Palik Nigam, Jabalpur - Court Judgment

SooperKanoon Citationsooperkanoon.com/1047475
CourtMadhya Pradesh High Court
Decided OnApr-02-2013
AppellantDhanraj Singh Prajapati
RespondentNagar Palik Nigam, Jabalpur
Excerpt:
w.p.no.3297/2013 2.4.2013 shri r.k.thakur, counsel for petitioner. shri ishan mehta, counsel for respondents. the petitioner has sought following reliefs in this petition :- “(i) that, the respondents be directed to consider and decide the petitioner's objection ann.p/2 and p/3 by a speaking order and till then, the coercive step adopted by them before giving due date as 31.03.2013, those step be stayed as mentioning status-quo, in the interest of justice. (ii) that, the assessment of the property tax in question be quashed and the respondents be directed to re-assess and settle the account. (iii) petition be allowed with cost. (iv) any other relief/order or direction which this court deems fit and proper also be passed in favour of petitioner, in the ends of justice.” the controvers.involved in this case is very short one. the respondents have initiated proceedings against the petitioner for recovery of property tax. as per the petitioner, the petitioner has deposited substantial amount and also submitted objections annexure p-2 and annexure p-3 to the respondents, which have not been decided till date. it is submitted by the petitioner that as the respondents are taking coercive action against the petitioner, the respondents may be directed to decide the objections annexure p-2 and annexure p-3 and till then the respondents may be restrained to take any coercive action against the petitioner. the aforesaid contention is opposed by the learned w.p.no.3297/2013 counsel for respondents, who submitted that the petitioner is under an obligation to deposit the tax, as has been demanded vide annexure p-4 , which is more than rs.3,00,000/- and so far as the objections of the petitioners are concerned, they will be considered and decided. considering the short controvers.involved in this case, we propose to dispose of the matter with following directions :- 1. the petitioner shall file an application before the respondents for expeditious decision on the representations annexure p-2 and annexure p-3. along with the application, petitioner shall enclose copies of annexure p-2 and annexure p-3 for the ready reference of the respondents.”2. if such an application is made within a period of one week from today, the respondent nos.1 or 2 as the case may be, shall consider and decide the representations within a period of one week from the date of filing of such an application.”3. the petitioner shall deposit further an amount of rs.50,000/- (rupees fifty thousand only) along with the application, which shall be subject to the decision by the respondents and the respondents shall not take any coercive action against the petitioner, till the decision of the aforesaid representations. with the aforesaid directions, this petition is finally disposed of, with no order as to costs. c.c., as per rules. (krishn kumar lahoti) (b.d.rathi) judge judge m.
Judgment:

W.P.No.3297/2013 2.4.2013 Shri R.K.Thakur, counsel for petitioner.

Shri Ishan Mehta, counsel for respondents.

The petitioner has sought following reliefs in this petition :- “(i) That, the respondents be directed to consider and decide the petitioner's objection Ann.P/2 and P/3 by a speaking order and till then, the coercive step adopted by them before giving due date as 31.03.2013, those step be stayed as mentioning status-quo, in the interest of justice.

(ii) That, the assessment of the property tax in question be quashed and the respondents be directed to re-assess and settle the account.

(iii) Petition be allowed with cost.

(iv) Any other relief/order or direction which this Court deems fit and proper also be passed in favour of petitioner, in the ends of justice.”

The controveRs.involved in this case is very short one.

The respondents have initiated proceedings against the petitioner for recovery of property tax.

As per the petitioner, the petitioner has deposited substantial amount and also submitted objections Annexure P-2 and Annexure P-3 to the respondents, which have not been decided till date.

It is submitted by the petitioner that as the respondents are taking coercive action against the petitioner, the respondents may be directed to decide the objections Annexure P-2 and Annexure P-3 and till then the respondents may be restrained to take any coercive action against the petitioner.

The aforesaid contention is opposed by the learned W.P.No.3297/2013 counsel for respondents, who submitted that the petitioner is under an obligation to deposit the tax, as has been demanded vide Annexure P-4 , which is more than Rs.3,00,000/- and so far as the objections of the petitioners are concerned, they will be considered and decided.

Considering the short controveRs.involved in this case, we propose to dispose of the matter with following directions :- 1.

The petitioner shall file an application before the respondents for expeditious decision on the representations Annexure P-2 and Annexure P-3.

Along with the application, petitioner shall enclose copies of Annexure P-2 and Annexure P-3 for the ready reference of the respondents.”

2. If such an application is made within a period of one week from today, the respondent nos.1 or 2 as the case may be, shall consider and decide the representations within a period of one week from the date of filing of such an application.”

3. The petitioner shall deposit further an amount of Rs.50,000/- (Rupees fifty thousand only) along with the application, which shall be subject to the decision by the respondents and the respondents shall not take any coercive action against the petitioner, till the decision of the aforesaid representations.

With the aforesaid directions, this petition is finally disposed of, with no order as to costs.

C.C., as per rules.

(Krishn Kumar Lahoti) (B.D.Rathi) JUDGE JUDGE M.