Court No. - 33 Case :- WRIT TAX No. - 1967 of 2008 Petitioner :- Rajesh Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- R.D. Yadav Respondent Counsel :- C.S.C. Hon'ble Bharati Sapru,J.
Heard learned counsel for the petitioner and the
learned standing counsel for the State.
Learned standing counsel for the State has filed as
Annexure CA-7 a list of persons who had cable
connections from the petitioner. The petitioner
denies this factum. He states that the survey was
made exparte and at that time he only had 187
connections.
In view of the fact that the controversy is factual
one, now the matter is remanded to the District
Magistrate, who may given an opportunity to
establish as to who were the persons to whom he
had given the cable connection in 2003 i.e. the
opportunity to admit or to deny the 246 connections
which he had wrongly revealed. The matter of
remand may be examined by the District Magistrate
within a period of two months from the date of the
production of a certified copy of this order. A
certified copy of this order may be placed before
the District Magistrate within 10 days from today.
Since the petitioner states that he had already paid
the demand made against him from 2003 to 2007,
no further recovery may be made from him in
pursuance of the impugned order till a fresh
decision is taken by the District Magistrate on the
disputed connections.
This writ petition is disposed of.
Order Date :- 22.1.2010
AKJ