Rajesh Kumar @ Rajesh Bali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8962 of 2021 ====================================================== 1.

Rajesh Kumar @ Rajesh Bali Son of Late Vijay Kumar R/o Konark, K.P. Road Chowk, Gaya,823001 2.

Satyanarayan Prasad S/o Late Sitaram Prasad R/o Konark, K.P. Road Chowk, Gaya,823001 ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Chief Secretary, Government of Bihar, Old Secretariat, Patna 3.

Secretary, Urban development and Housings Department, Old Secretariat, Patna 4.

Principal Secretary, Revenue Department, Old Secretariat, Patna 5.

District Magistrate, Gaya 6.

Chairman, Gaya Municipal Corporation, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Radha Mohan Pandey For the Respondent/s :

Mr. Abbad Haider (SC 6) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 15-02-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

The petitioners are seeking following relief: "That this is an Application for issuance of an appropriate order or Direction for setting aside the Notice dated 07.11.2019 issued by Gaya Municipal Corporation demanding payment of

Patna High Court CWJC No.8962 of 2021(2) dt.15-02-2022 2/2 Municipal Tax amounting to Rs. 8,74,396/- through notice dated 07.11.2019 for New Holding No. 01, Old Holding No. 35 Property No. 711063844 situated at Gaya Ward No. 14 Revenue Circle No. I belonging to Petitioners erroneously and illegally."

Learned counsel for the petitioners, after some argument, seeks this Court's permission to withdraw this writ application in the facts and circumstances of the case as pleaded in the writ petition to invoke first proviso to Rule 12 of the Bihar Municipal Property Tax (Assessment, Collection and Recovery) Rules, 2013 framed in exercise of power conferred by Section 127(3) and sub-Section 1 of Section 419 of Bihar Municipal Act, in order to seek waiver of a portion of interest due on the holding tax as mentioned in the impugned notice dated 07.11.2019.

This application is permitted to be withdrawn with the liberty as sought and stands disposed of accordingly. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) SUMIT/- U