Bharat Sanchar Nigam Limited v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (T) No. 144 of 2019 Bharat Sanchar Nigam Limited Through General Manager, BSNL, Telecom District Durg, Dursanchar Bhawan, BSNL, Patel Chowk Durg, District Durg, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Urban Administration Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Raipur, District Raipur, Chhattisgarh

2. The Commissioner, Municipal Corporation Bhilai, District Durg, Chhattisgarh

3. Property Tax Officer, Municipal Corporation Bhilai, District Durg, Chhattisgarh ---- Respondents For Petitioner :

Mr. A. K. Prasad, Advocate For State :

Ms. Abhyunati Singh, P.L.

For Respondents 2 & 3 :

Mr. H. B. Agrawal, Sr. Advocate with Mr.

Pankaj Agrawal, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 04.12.2019

1. The challenge in the present writ petition is to the order Annexure P-1 dated 20.05.2019 whereby the respondents have assessed an amount of Rs.1,26,93,535/- as tax for the cables being laid under the earth by the petitioner.

2. According to the petitioner, immediately on the assessment order being passed by the respondent Municipal Corporation, the petitioner submitted various objections to the respondent no.2 Commissioner under the provisions of Section 147 of the Municipal Corporation Act. However, none of the objections have till date been decided.

3. The learned counsel appearing for the respondent Corporation submits that all the objections, if any filed by the petitioner under Section 147 of the Municipal Corporation Act, shall be considered and decided at the earliest within a period of 60 days.

4. Given the said submission made by the counsel for the respondent Corporation, this Court is of the opinion that as of now the writ petition itself can be disposed of directing the respondent no.2 to consider and decide the objections that the petitioner has raised as regards the assessment that has been made for property tax for the cables being laid under the earth, at the earliest preferably, as suggested by the counsel for the respondent Corporation, within a period of 60 days from the date of receipt of copy of this order.

5. The writ petition accordingly stands disposed of. It is directed that till the objections are decided by the respondent No.2, the respondent Corporation shall not initiate any coercive step against the petitioner in respect of the notice of assessment made.

Sd/- P. Sam Koshy Judge Khatai