Nand Kumar Shukla v. State of U. P. Thr. Prin. Secy. Finance Deptt. Civil Sectt. & Ors.
2013-01-23
SHIVA KIRTI SINGH
body2013
DigiLaw.ai
Devendra Kumar Arora, J.— Heard learned counsel for the petitioner and the learned counsel for the State. Petitioner is aggrieved with the decision of the District Magistrate-Collector, Gonda dated 16.7.2012, contained in Annexure No. 1 because valuation of the petitioner's property has been re-assessed as Rs. 15 lacs whereas in the earlier year it was Rs. 20 lacs.In this regard, it has been submitted that the report with respect to ownership and possession of a house at mohalla Rajendra Nagar at Gonda has wrongly been doubted, which is the basis of impugned order of the District Magistrate. After the said order, the petitioner has filed a representation before the District Magistrate dated 26.7.2012, contained in Annexure No. 5, giving all the relevant information and referring to various documents in respect of the said house at Rajendra Nagar. That representation has not been disposed of as yet. Another grievance raised on behalf of the petitioner is that the assessed value of his property has been lower down depriving his status as class 'C' contractor, without affording any opportunity of hearing to him. Since petitioner's representation is already pending before the District Magistrate, Gonda, we are of the considered view that the said representation should be considered by the District Magistrate and petitioner should be given an opportunity of producing the documents in support of his representation. We accordingly direct the District Magistrate, Gonda to consider and decide the petitioner's representation after affording opportunity to the petitioner to produce the documents in support of his claim and decide the same in accordance with law at an early date, preferably within two months from the date of production of certified copy of the order. Writ Petition is disposed of accordingly. _____________