Mrs. Jyotsna Shailesh Mody And ANR. v. Mira Bhayandar Municipal Corporation

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3299 OF 2015 Jyotsna Shailesh Mody and Another

...Petitioners

vs.

Mira Bhayandar Municipal Corporation

...Respondent

Mr. Uday Warunjikar i/b. K.S. Patil, for the Petitioners Mr.N.R. Bubna, for the Respondent.

CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATE :

JUNE 15, 2016 P.C.:

Not upon board. Upon mentioning taken on board. 1.

Parties through their counsel.

2.

The grievance of the Petitioners is that they are the owners of the vehicles in question but the Respondent-Corporation did not issue notice to them and issued notice to the firm M/s. Radhe Motors and passed order dated 18th April, 2016 calling upon M/s. Radhe Motors to pay the amount of Rs. 2,60,680/- towards LBT and penalty.

Vishal Parekar 1/2

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Having considered the submissions made by the parties and having gone through the documents filed along with the Petition,, we are inclined to dispose of this Petition by directing the Respondent-Corporation to give fresh opportunity of hearing to the Petitioners as also to M/s. Radhe Motors and pass fresh order in regard to the alleged illegality committed by the owners of the said seized vehicles.

4.

The Petitioners to appear before the competent authority (Assistant Commissioner, L.B.T. of Respondent-Corporation) on 21st June, 2016 at 11.00 a.m.

5.

The competent authority of the Respondent-Corporation shall within two weeks therefrom after giving opportunity of hearing to the Petitioners as also to the representative of M/s. Radhe Motors, take a fresh decision. Let the speaking order be passed by the said competent authority. Accordingly the Petitioner stands disposed of. (M.S. KARNIK, J.) (S.S. KEMKAR, J.) Vishal Parekar 2/2