Empire Mall Private Ltd Through Its Authorised Officer Navnath Bhika Bangal v. Aurangabad Municipal Corporation Through The Municipal Commissioner Aurangabad And Others

{1} wp 1882.16.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1882 OF 2016 Empire Mall Private Limited Through Its Authorised OfficerMr. Navnath Bhika Bangal Petitioner

Versus

Aurangabad Municipal Corporation and others Respondents Mr.R.F. Totla advocate for the petitioner Mr.A.M. Karad advocate for Respondent Nos.1 to 3. _______________ CORAM : R.M. BORDE & A.I.S. CHEEMA, JJ Date : 17th FEBRUARY, 2016.

PER COURT :- The petitioner contends that, a demand bill has been served on him, asking to deposit an amount of Rs.72,62,134/- towards property tax. According to the petitioner, no opportunity of hearing has been extended to him as contemplated under the communication dated 14.12.2015. The petitioner is stated to have already tendered an objection on 1.2.2016 to the Corporation. However, the same has not been dealt with.

In the facts of the case, we deem it appropriate to direct the Corporation to consider the objections of the petitioner, as

{2} wp 1882.16.odt expeditiously as possible and preferably within a period of one month from today and pass appropriate order. It would be open for the petitioner to press the contentions incorporated in the objection dated 1.2.2016, as well as submit the additional objections, if any, in the form of written arguments. It would be open for the Corporation to consider all such objections, those would be raised by the petitioner. The petitioner shall deposit 50% of the amount as demanded by the Corporation in its demand bill dated 8.1.2016, as expeditiously as possible and preferably within a period of two weeks from today. Subject to deposit of amount as directed, the Corporation shall consider the objections raised by the petitioner and pass appropriate orders. The amount that would be deposited by the petitioner, shall obviously be subject to further orders that would be passed by the Corporation. With the directions as above, writ petition stands disposedof. Parties to act on authenticate copy of this order. ( A. I. S. CHEEMA, J. ) ( R. M. BORDE, J. ) vbd