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Bombay High CourtWP/2037/2018disposed off

Zarina Bano D/O Azizuddin Farooqu, Through P.O.A Shri Tariq Ahmed S/O Azizuddin Farooqui And Anothe v. The Stae Of Maharashtra, Through The Principal Secretary, Urban Development Department, Mumbai And

2022-07-15Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Justice Urmila Joshi Phalke1 pages

1 930-WP-2037-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2037 OF 2018 (Zarina Bano d/o Azizuddin Farooqui & Anr. Vs. The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Vishal Anand, Advocate for the petitioners. Shri D.P. Thakare, A.G.P. for respondent Nos. 1 to 3. Shri P.P. Deshmukh, Advocate for respondent No.4. CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE , JJ.

D ATE : JULY 15 , 202 2 .

Pursuant to the order dated 17/6/2022, an affidavit has been filed on behalf of the power of attorney holder of petitioner No.2 in which it has been stated that from the arrears of property tax which was amounting to Rs.6,18,055/-, 25% of that amount has been deposited with the Municipal Council. Receipt for 25% amount of Rs.1,54,514/- on 5/7/2022 is not disputed by the learned Counsel for the Municipal Council. In the affidavit, it is further stated that the petitioners would deposit an amount of Rs.25,000/- per month to clear the arrears. The learned Counsel for the Municipal Council, however, submits that considering the huge arrears still pending, a higher amount may be directed to be deposited per month.

While accepting the deposit of 25% amount of arrears, from August - 2022 the petitioners shall deposit a sum of Rs.50,000/- per month to clear the arrears of Rs.4,63,541/-. A single default would render the amount then outstanding to be payable immediately. The amount of Rs.50,000/- per month shall be deposited by 10th of each month. On first such deposit, the Municipal Council shall open the seals of the four shop blocks belonging to the petitioners. It is made clear that this arrangement has been made keeping in view the pandemic situation by treating it as an exceptional case. With these observations, the Writ Petition is disposed of. No costs. (URMILA JOSHI-PHALKE, J.) (A. S. CHANDURKAR, J.) AGRAWAL SUMIT