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Bombay High CourtWP/4083/2014dispossed offdismiss for default

Gani Sons Chartible Trust, Through P.O.A. Mr. Manzoor Mohammad S/O Zahoor Mohammad v. The City Of Nagpur Municipal Corporation, Through Its Commissioner, Nagpur And Another

2015-08-03Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.M. Badar2 pages

0308wp4083.2014.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.4083 of 2014 (Gani Sons Charitable Trust, Nagpur v. The City of Nagpur Municipal Corporation, through its Commissioner, Civil Lines, Nagpur, and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.Z. Qazi, Advocate for Petitioner.

Shri J.B. Kasat, Advocate for Respondents.

Coram : Smt. Vasanti A. Naik & A.M. Badar, JJ.

Date : 3 rd August, 2015 Heard.

The learned counsel for the parties state that the issue involved in this case was also involved in Writ Petition No.1783 of 2015 and this Court, by an order dated 6-7-2015, has disposed of the said writ petition on the statement made on behalf of the Municipal Corporation that they would make a fresh assessment in pursuance of the new Act, for the assessment for the same year. Shri Kasat, the learned counsel for the respondent-Municipal Corporation, states that on similar lines, the Municipal Corporation would make a fresh assessment for the assessment year 2003-04 and the subsequent assessment years.

In view of the statement made by the learned counsel for the respondent-Municipal Corporation, the writ petition is disposed of by accepting the statement made on behalf of the respondent-Municipal Corporation that a fresh assessment would be made under the

0308wp4083.2014.odt provisions of the Maharashtra Municipal Corporations Act and the amount already deposited by the petitioner would be adjusted. We make it clear that we have not made any observations on the merits of the matter and the points raised in the petition are kept open.

Order accordingly. No costs.

Judge Judge.

Lanjewar