M/S Jindal Steel And Power Limited v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (T) NO. 42 OF 2017 M/s Jindal Steel and Power Limited, a company incorporated under the Indian Companies Act, 1956, through its Autohrised Signatory Shri Neeraj Sharma, S/o Shri S.N. Sharma, aged about 50 years, working as General Manager (Liaisoning and PR Department), R/o Jindal Steel and Power Limited, Patrapali, District Raigarh (C.G.) ... Petitioner versus 1.

State of Chhattisgarh, through the Secretary, Urban Administration Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 2.

Director, Urban Administration and Development, State of Chhattisgarh, Raipur (C.G.) 3.

Municipal Corporation, Raigarh, through its Commissioner, District Raigarh (C.G.) 4.

Commissioner, Municipal Corporation, Raigarh, District Raigarh (C.G.) ... Respondents For Petitioner :

Mr. Rajeev Shrivastava, Advocate.

For Respondents 1 & 2 :

Mr. Gary Mukhopadhyay, Dy. Govt. Advocate.

For Respondents 3 & 4 :

Mr. H.B. Agrawal, Senior Advocate, assisted by Mr. Pankaj Agrawal, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05/12/2017 1.

The matter today was taken up on I.A. No.3 filed on behalf of Respondents No. 3 and 4 for taking up the matter on out of turn hearing. 2.

At the outset, learned Senior Counsel appearing for Respondents No. 3 and 4/Corporation submits that the Corporation in the instant case is willing to reconsider the assessment made so far as the Petitioner is concerned, purely in accordance with the provisions of the Act. 3.

At this juncture, learned Counsel appearing for the Petitioner submits that his only request is that the Respondents may be directed to adhere to the legal provisions as it stand, particularly the provisions of Section 138 to Section 148 of the Municipal Corporation Act while reconsidering the assessment.

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Learned Counsels appearing for the Respondents do not have any objection to this demand made by the learned Counsel for the Petitioner. 5.

In the light of the submission made by the learned Senior Counsel for Respondents No. 3 and 4, the present writ petition stands disposed of. The effect and operation of Annexure P-1 would stand nullified in the light of the submission so made by the learned Senior Counsel for Respondents No. 3 and 4, with a direction to reconsider the case of the Petitioner afresh strictly in the light of the provisions of the Municipal Corporation Act.

6.

The writ petition stands disposed of accordingly. Sd/- (P. Sam Koshy) /sharad/ Judge