Ana Creations Pvt. Ltd. v. East Delhi Municipal Cororation & ANR
$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 758/2018, CM Nos. 3181/2018 & 3183/2018 ANA CREATIONS PVT. LTD.
..... Petitioner Through:
Mr. Gaurav Vig, Adv.
versus EAST DELHI MUNICIPAL CORORATION & ANR ..... Respondent Through:
Ms. Mini Pushkarna, SC for EDMC with Ms. Swagata Bhuyan and Ms.
Shiva Pandey, Advs. for EDMC with Mr. Brijesh Singh, Additional Commissioner, EDMC.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R
% 02.04.2019 The present petition has been filed by the petitioner with the following prayers:
"In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:
(a) Pass writ of mandamus of writ/order/direction in the nature of mandamus directing the respondents not to act upon and / or give effect to Notice dated 17.01.2018 and / or any other order(s) passed in proceedings relating to the said order dated 17.01.2018 and 09.12.2013. (b) Issue a writ a certiorari quashing the notices dated 17.01.2018 and 09.12.2013 issued by the
respondents and all proceedings resting therewith; (c) Pass such further or other orders as this Hon'ble Court may deem fit and proper."
In substance, the challenge in this petition is to a notice dated January 17, 2018 whereby the Corporation has made a demand for Rs.3,24,982/- excluding interest at the rate of 1% per month and 30% penalty in respect of property No.307, FIE, Patpatganj Industrial Area, Delhi 110092. The only submission made by the learned counsel for the petitioner is that the petitioner is ready and willing to deposit of Rs. 2,98,674/- as computed by the petitioner, if the respondents do not insist upon the balance of the amount of Rs.26,308/- and also interest at the rate of 1% per month and 30% penalty.
Ms. Mini Pushkarna, learned Standing Counsel appearing for the respondents has taken instruction from Mr. Brijesh Singh, Additional Commissioner, EDMC and states that the respondents are ready and willing to accept the amount of Rs. 2,98,674/- from the petitioner to put quietus to the issue. Learned counsel for the petitioner also states he shall not press the petition as well.
Noting the above, it is directed that the petitioner shall deposit the amount of Rs. 2,98,674/-.within two weeks from today. On such deposit, the
issue with regard to the property tax for the period up to March 31, 2004 shall be treated as settled. Ordered accordingly. The writ petition stands disposed of.
CM Nos. 3181/2018 & 3183/2018 Dismissed as infructuous.
V. KAMESWAR RAO, J APRIL 02, 2019/aky