M/S. Swasti Hotels (P) Ltd. v. Gram Panchayat And ORS.

Sudhir Rane 27-WP-10457-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10457 OF 2015 M/s. Swasti Hotels (P) Ltd.

... Petitioner.

Versus

Gram Panchayat Village - Aasudgaon, Taluka - Panvel, District - Raigad and another ... Respondents.

....

Mr. Anoop Sharma for the Petitioner.

Mr. A.P. Vanarase AGP for Respondent No.3-State. ....

CORAM : Smt. Vasanti A Naik & Riyaz I. Chagla, JJ.

DATE : 1st November, 2017.

P.C. :

By this writ petition the petitioner has challenged the imposition of tax by the respondent-Grampanchayat on the ground that the land does not fall within the limits of the respondentGrampanchayat. It is stated that the petitioner was wrongly paying the taxes to the respondent-Grampanchayat earlier, on a mistaken belief that the petitioner was liable to pay the same. If the petitioner is aggrieved by the wrongful assessment or levy, the petitioner has a remedy of filing an appeal under the provisions of the Maharashtra Village Panchyat Act and the rules framed thereunder.

Sudhir Rane 27-WP-10457-2015.doc We decline to entertain the writ petition in view of the existence of the alternate remedy. The writ petition stands disposed of. The points raised in the writ petition are kept open. No order as to costs.

(Riyaz I. Chagla J) (Smt. Vasanti A Naik, J)