Court No. - 37 Case :- WRIT TAX No. - 35 of 2010 Petitioner :- Idea Cellular Ltd. Respondent :- State Of U.P. And Others Petitioner Counsel :- Ajay Bhanot Respondent Counsel :- C.S.C.,Punit Khare Hon'ble Rajes Kumar,J.
Hon’ble Subhash Chandra Nigam,J.
Heard Shri Ajay Bhanot, learned counsel for the petitioner, Shri Punit Khare,
learned counsel for respondent Nos. 2,3 and 4 and learned Standing Counsel
for respondent Nos. 1 and 5.
It appears that in pursuance of the letter dated 1st December, 2009 issued by
the Tax Superintendent, Nagar Nigam, Moradabad, the petitioner has filed the
detailed reply dated 24.12.2009, annexure-5 to the writ petition relating to the
assessment of the house tax.
The contention of the petitioner is that without disposing of the reply, the
demand notice dated 06.01.2010 has been issued demanding a sum of
Rs.2,02,510/-, which is patently illegal.
Shri Punit Khare appearing on behalf of Nagar Nigam, Moradabad submitted
that let Nagar Ayukt, Nagar Nigam, Moradabad be directed to dispose of the
objection/reply of the petitioner within a time bound period.
In view of the above, we dispose of the writ petition directing the Nagar
Ayukt, Nagar Nigam, Moradabad to dispose of the objection of the petitioner
after giving an opportunity of hearing to the petitioner by a reasoned order in
accordance to law, within a period of four weeks from the date of filing of a
certified copy of this order, which the petitioner undertakes to file within two
weeks.
For a period of six weeks or till disposal of the objection, the recovery
proceedings in pursuance of the letter dated 06.01.2010 shall remain stayed.
Order Date :- 13.1.2010
MK/