Mala Sinha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No. 1801 of 2018 In Civil Writ Jurisdiction Case No.10085 of 2015 ====================================================== Mala Sinha, Wife of Late Ram Sewak Sinha, Resident of Mohalla Bairagi, P.O R.S. Gaya, P.S Delha, District Gaya.
... ... Appellant/s
Versus
1.
The State of Bihar 2.
The Principal Secretary, Urban Development Department, Govt. of Bihar, Patna.
3.
The District Magistrate, Gaya.
4.
The Municipal Commissioner, Gaya Nagar Nigam, Gaya. 5.
The Secretary, Municipal Corporation, Gaya.
6.
Finance Officer, Municipal Corporation, Gaya. 7.
Tax Collector, Municipal Corporation, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Birendra Kumar Singh, Advocate For the Respondent/s :
Mr.Yogendra Prasad Sinha- AAG-7 Mr. Shankar Kumar, A.C. to AAG-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY) Date : 18-04-2019 This intra court appeal has been preferred against the order dated 26.11.2018 of the learned Single Judge passed in C.W.J.C. No. 10085 of 2015.
2. The facts in brief are that a demand notice was served on late Ram Sewak Sinha under the signature of the Secretary, Municipal Corporation, Gaya vide Bill No. 6 dated 04.04.2012 demanding a sum of Rs. 24,836.43/- as Holding Tax
Patna High Court L.P.A No. 1801 of 2018 dt.18-04-2019 2/2 with respect to the house in question. As per the case of the appellant, an objection was filed by late Ram Sewak Sinha, but subsequently he expired on 11.01.2015. It is further stated that the said objection is still pending before the respondentMunicipal Corporation.
3. Having heard the counsel for the appellant and the counsel for the State of Bihar, this appeal is being disposed of giving liberty to the appellant to get herself substituted by filing an appropriate petition before the Municipal Corporation. If the appellant succeeds in getting herself substituted, the Municipal Corporation will proceed to decide the objection filed by late Ram Sewak Sinha treating it to be an application under Section 141 of the Bihar Municipal Corporation Act, 2007 within a period of three months.
4. The Letters Patent Appeal stands disposed of. (Amreshwar Pratap Sahi, CJ) (Partha Sarthy, J) sushma/- AFR/NAFR NAFR CAV DATE Uploading Date 23.4.2019 Transmission Date