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Madhya Pradesh High Court · body

2016 DIGILAW 125 (MP)

Yash Kumar Goyal v. State of M. P.

2016-02-16

ROHIT ARYA

body2016
ORDER 1. This writ petition under Article 226/227 of the Constitution of India is filed against the demand notice Annexure P-1 issued under section 173 of the Municipal Corporation Act, 1956 (hereinafter referred to as the 1956 Act.) 2. Shri V. K. Bhardwaj, learned senior counsel assisted by Shri Anand V. Bhardwaj, Advocate contends that the land in question has been subjected to tax for the first time and, therefore, before issuance of demand notice, there has to be valuation of the property done as provided for under section 146 of the 1956 Act and the procedure prescribed thereafter under the said Act and the rules made thereunder are required to be followed. Learned senior counsel further contends that the land in question is an agricultural land and exempted from the tax in view of proviso to rule 5 of the Madhya Pradesh Municipality (Determination of Annual Letting Value of Building/Lands) Rules, 1997. Therefore, learned senior counsel contends that without adhering to the procedure and determination of the value of the property, the impugned demand notice has been issued, therefore, the same suffers from patent illegality. A letter/objection dated 6.2.2016 (Annexure P-5) in that behalf has been sent to the Commissioner, Municipal Corporation, Gwalior and the same was received on the same date but till date, no decision or order has been passed thereupon. 3. Shri Vivek Khedkar, learned counsel entered appearance on behalf of the respondents’ No.2 and 3, on advance copy and assured this Court that the objection raised by the petitioner’s vide Annexure P-5 and the contentions advanced before this Court shall be addressed by the respondent No.2/Commissioner, Municipal Corporation, Gwalior and thereafter pass necessary orders. 4. In view of the aforesaid statement made at the Bar, this writ petition is disposed of with direction to the petitioners to appear in person along with certified copy of order passed today before the respondent No.2/Commissioner, Municipal Corporation, Gwalior on 23.2.2016 and the said authority shall decide the matter after affording opportunity to the petitioners’ in accordance with law and pass necessary orders within fifteen days’ therefrom. 5. It is made clear that this Court has not expressed any opinion on merits of the case.