Shahbabu Education Society, Patur, Akola Thr. Secretary, Mr. Syed Ishaque Syed Nabi And ANR v. State Of Maharashtra, Thr. Secretary, Urban Development Dept., Mumbai And Another

wp1900.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1900/2022 Shahbabu Education Society, Patur and another ...

Petitioners - Versus - State of Maharashtra and another ... Respondents ----------------- Mr. S.N. Tapadia, Advocate for Petitioners.

Ms. K.S. Joshi, Government Pleader for Respondent No.1. ---------------- CORAM : NITIN JAMDAR AND ANIL L. PANSARE, JJ.

DATE : 12 APRIL 2022 P.C. :

This writ petition is filed challenging the rejection of Petitioner's request of exemption from property tax by the Respondent-Municipal Corporation. The rejection is on the

wp1900.2022 ground that the Petitioners receive substantial donations, other income, bank fixed deposit receipts and interest in the account, the amount of which the Commissioner found is not commensurate with the charitable purpose. That being so, the Petitioners should have demonstrated in the petition, the source of the donations, the quantum, the percentage vis-a-vis total outley of the Petitioners, the factum of bank fixed deposit receipts and their amount and their components in the income of the Petitioners. Unless these particulars are pleaded, the findings of the Commissioner cannot be disturbed.

2.

The learned Counsel for the Petitioners states that fresh petition will be filed giving all these particulars. Accordingly, writ petition is disposed of with liberty to file a fresh petition.

(ANIL L. PANSARE, J.) (NITIN JAMDAR, J.) Tambaskar.

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary