High Court Punjab-Haryana High Court

Municipal Committee vs The Deputy Commissinoer on 9 July, 2009

Punjab-Haryana High Court
Municipal Committee vs The Deputy Commissinoer on 9 July, 2009
CWP No.11991 of 1989                                  :1:

      In the High Court of Punjab and Haryana at Chandigarh.


                                     Date of decision: 09.07.2009


Municipal Committee, Faridkot                    ... Petitioner
Versus
The Deputy Commissinoer, Faridkot and others     .. Respondents.

CORAM: HON’BLE MR.JUSTICE PERMOD KOHLI

Present: Mr.RL Gupta,Advocate, for the petitioner.

None for the respondents.

PERMOD KOHLI, J. (Oral):

Petitioner, Municipal Committee, Faridkot, passed order for

assessment of the House Tax on 27.03.1987 in respect to the properties

belonging to respondent Nos.2 and 3. After making the assessment, an

amount of Rs.1, 09,350/- has been assessed as rental value after giving ten

per cent of the rebate in respect to respondent No.3. Similarly, Rs.48,600/-

was assessed as rental value of the property in respect of respondent No.2.

Aggrieved of the aforesaid assessment, respondent No.2, i.e Punjab State

Cooperative Supply and Marketing Federation Limited filed an appeal

before the Deputy Commissioner, Faridkot, disputing the levy of House

Tax. The Appellate Authority vide the impugned order dated 14.12.1988,

Annexure P-2,accepted the appeal partly and the House Tax levied upon

respondent No.2 has been affirmed. However, the house tax assessed for

respondent No.3 has been revised. It has been ordered that previous

assessment in respect to Lok Sewak Cooperative Marketing Society

Limited, Faridkot, shall be maintained instead of the new assessment.
CWP No.11991 of 1989 :2:

It is against the aforesaid condition that the Municipal

Committee has filed the present writ petition challenging the order

datede14.12.1988, Annexure P-2, passed by the Appellate Authority. The

only contention raised in the present petition is that against the order of

assessment passed by the Municipal Committee dated 27.03.1987 only one

appeal was filed by the Punjab State Cooperative Supply and Marketing

Federation Ltd. i.e respondent No.2 and no appeal was preferred by

respondent No.3, but the Appellate Authority while affirming the

assessment made in respect of respondent No.2 i.e. the appellant before it,

set aside the assessment made in respect of respondent No.3.

I have perused the impugned order Annexure P-2. It is evident

that only respondent No.2 had preferred an appeal challenging the

imposition of House Tax upon its property. The Appellate Authority,

however, has set aside the assessment made in respect to respondent No.3 as

well without there being any appeal on its behalf. It is also relevant to note

that respondent No.3 was not even a party before the Appellate Authority in

the aforesaid appeal and inspite of that the Appellate Authority interfered

with the assessment made in respect to property of respondent No.3.

None has put in appearance on behalf of the respondents and

this petition has been heard in their absence.

After hearing the learned counsel for the parties and perusing

the impugned order, I am of the considered opinion that there is substance

in the contention raised by the learned counsel for the petitioner. The

Appellate Authority had no right to interfere in the assessment in respect to

respondent No.3 who choose not to file any appeal nor even appeared

before the appellate authority. Even respondent No.3 was not even a party
CWP No.11991 of 1989 :3:

before the Appellate Authority. The impugned order is, thus, not

sustainable in law to the extent it has interfered with the order of assessment

relating to the property of respondent No.3.

For the reasons recorded above, this petition is allowed.

Impugned order dated 14.12.1988, Annexure P-2, is hereby quashed to the

extent mentioned above. No costs.

09.07.2009                                         (PERMOD KOHLI)
BLS                                                    JUDGE
 CWP No.11991 of 1989   :4: