Court No. - 35 Case :- WRIT - C No. - 7775 of 2004 Petitioner :- Nemi Chand Jain Respondent :- Nagar Nigam Thru. Administrator & Another Petitioner Counsel :- Madhav Jain Respondent Counsel :- S.F.A.Naqvi,S.C. Hon'ble Vineet Saran,J.
Hon’ble Ran Vijai Singh,J.
No one is present on behalf of the petitioner.
From the record, it appears that an assessment order was passed by respondent
no. 1, by which, the tax was enhanced from Rs. 2,100/- to Rs. 1,00979/-.
Challenging the same, the petitioner has filed an appeal along with stay
application. No order was passed on the stay application of the petitioner. The
petitioner approached this Court with the prayer for quashing the order of
assessment as well as the order of recovery. This Court vide order dated
8.4.2004 has stayed the recovery proceedings initiated against the petitioner.
In view of that, considering the facts and circumstances of the case and
keeping in view that the interim order has been operating in favour of the
petitioner for the last six years, this petition is disposed of with the direction
that the Appeal No.242 of 2002 pending before the Judge Small Causes
Court, Agra be heard and decided in accordance with law as expeditiously as
possible.
However till the decision of the appeal the recovery proceedings initiated
against the petitioner shall remain stayed.
This writ petition stands allowed to the extent indicated above.
It is made clear that in case the appeal has already been decided the order
passed by this Court today be ignored.
Order Date :- 1.7.2010
Pratima