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High Court of DelhiW.P.(C)/14861/2024

Ravindra Bahl And ANR v. New Delhi Municipal Council

2024-10-25Hon'Ble Mr. Justice Prateek Jalan2 pages

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 14861/2024 & CM APPL. 62405/2024.

RAVINDRA BAHL AND ANR .....Petitioners Through:

Ms. Anusuya Salwan, Mr. Rachit Wadhwa, Mr.

Bankim Garg, Advocates.

versus NEW DELHI MUNICIPAL COUNCIL .....Respondent Through:

Mr. Ashwin Kataria, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 25.10.2024 1.

The petitioners have approached this Court against an order dated 28.05.2024 issued by the New Delhi Municipal Council ["NDMC"] under Section 72 of the NDMC Act, 1994 ["the Act"], and a consequential property tax bill dated 01.06.2024. 2.

One of the contentions taken in the writ petition is that NDMC erroneously noted that the petitioners had not filed a reply to the show cause notice, and that the petitioners had not appeared at the personal hearing.

3.

Mr. Ashwin Kataria, learned counsel for the NDMC, has taken instructions, and states that the impugned order will be withdrawn and a personal hearing given to the petitioners, whereafter a fresh order under Section 72 of the Act will be passed.

W.P.(C) 14861/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/10/2024 at 12:07:06

4.

The petition is, therefore, disposed of recording that the impugned order dated 28.05.2024 and bill dated 01.06.2024 stand withdrawn. 5.

The petitioners are directed to appear before the Joint Director (Tax), NDMC on 07.11.2024 at 11:30 AM. The petitioners may also furnish any documents which they wish to reply upon. NDMC is directed to pass a fresh order under Section 72 of the Act within eight weeks thereafter.

6.

Mr. Kataria submits that the order under Section 72 of the Act is appealable under Section 115 of the NDMC Act. In the event the petitioners are aggrieved by the fresh order passed, they will be at liberty to take their appellate remedies.

7.

All pending applications also stand disposed of. PRATEEK JALAN, J OCTOBER 25, 2024 "Bhupi"/ W.P.(C) 14861/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/10/2024 at 12:07:06