C/M A.S.H.S. And G.R.S. Inter … vs State Of U.P. & Others on 29 January, 2010

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Allahabad High Court
C/M A.S.H.S. And G.R.S. Inter … vs State Of U.P. & Others on 29 January, 2010
Court No. - 37

Case :- WRIT TAX No. - 1048 of 2008

Petitioner :- C/M A.S.H.S. And G.R.S. Inter College Basti Thru' Mg. & Ors.
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Snehil Srivastava
Respondent Counsel :- C.S.C.

Hon'ble Rajes Kumar,J.

Hon’ble Subhash Chandra Nigam,J.

Heard Shri Snehil Srivastava, learned counsel for the petitioners and learned
Standing Counsel.

Grievance of the petitioners is that without giving any notice or opportunity of
hearing, respondent No. 3, Executive Officer, Nagar Palika Parishad, Basti
has raised the demand of house tax and water tax. The petitioners have filed
an objection on 12.10.2006 but the same was not decided. They further filed
objection/representation on 11.12.2007, which is annexure-5 to the writ
petition, but the same has not been decided till now and respondent No. 3 is
pressing for the demand of house tax and water tax.

Learned Standing Counsel states that let respondent No. 3 be directed to
decide the objection/representation within specified period.

In view of the above, we dispose of the writ petition directing respondent No.
3 to dispose of the objection/representation within a period of four weeks
from the date of presentation of a certified copy of this order in accordance to
law. The petitioners undertake to file a certified copy of this order within a
period of two weeks.

For a period of six weeks or till the decision of the objection/representation,
whichever is earlier, the impugned realization of the demand of house tax and
water tax shall remain stayed.

It is made clear that we have not adjudicated the matter on merit.

Order Date :- 29.1.2010
MK/

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