Bombay High CourtWP/3809/2016dispossed offdismiss for default

Samadhan Shankar Mutthe v. Municipal Council Buldhana Thr. Chief Officer, Buldhana

2016-07-20Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi3 pages

FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3809/2016 (SAMADHAN SHANKAR MUTTHE VERSUS MUNICIPAL COUNCIL, BULDANA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.O. Ahmed, counsel for the petitioner.

Shri Abhay Sambre, counsel for the R-1.

CORAM : SMT.VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : JULY 20 , 2016.

By this writ petition, the petitioner has sought a direction against the respondent-Municipal Council Buldana to decide the representation of the petitioner for inclusion of the name of the petitioner in the tax register so that the tax invoice could be issued to the petitioner.

It is stated on behalf of the petitioner that the petitioner is the owner of the property and his name is mutated in the revenue records. It is stated that despite the fact that the petitioner's name is mutated in the revenue record, the respondent-Municipal Council has not recorded the name of the petitioner in the municipal record and the petitioner is, therefore, not taxed for the said property. It is stated that the petitioner has made an application for the inclusion of his name in respect of the property in the municipal record but, the same is not recorded.

Shri Sambre, the learned counsel for the respondent-Municipal Council, states that the Municipal Council would verify whether the petitioner is the owner of the property or there is any dispute in regard to the ownership and would decide the representation made by the petitioner, after due enquiry, within a reasonable time.

By accepting the statement made on behalf of the respondent-Municipal Council, we dispose of the writ petition with a direction to the Municipal Council to decide the application of the petitioner after making due enquiry within five months.

Order accordingly. No costs.

JUDGE JUDGE APTE

CERTIFICATE copy of original signed Judgment/Order.

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