Naina N Patel v. Commissioner

W.M.P.No.19222 of 2019 in W.P.No.19693 of 2019 M.SUNDAR, J.

Eight petitioners herein are writ petitioners in the main writ petition. This 'writ miscellaneous petition' shall be referred to as 'WMP' for the sake of brevity.

2. Notice issued by the respondent-Municipality pertaining to enhancement of property tax is the impugned notice.

3. Instant WMP has been filed with a prayer to dispense with the impugned notice. The reason for seeking such a prayer is articulated in paragraph-13 of the affidavit filed in support of instant WMP and the same reads as follows:

"13. I state that the petitioners have not been served with an original copy of the impugned Assessment Notice bearing No.007/041/00638 dated 05.02.2019 and consequential impugned Defaulter Notice dated 03.05.2019 and only a computer generated copy was served and as such, the petitioners are constrained to file a photocopy of the concerned impugned orders. I state that the failure of the petitioners to obtain the original copy of the impugned orders/demand notices is neither willful nor wanton. For the reasons stated hereinabove, http://www.judis.nic.in

it is prayed that this Hon'ble Court may be pleased to M.SUNDAR, J.

Svn dispense with the production of the original copy of the impugned Assessment Notice bearing No.007/041/00638 dated 05.02.2019 and consequential impugned Defaulter Notice dated 03.05.2019 and thus render justice."

4. Learned counsel reiterates the aforesaid reason in the hearing.

5. In the light of aforesaid reason, this writ miscellaneous petition is ordered as prayed for. 22-07-2019 Svn W.M.P.No.19222 of 2019 in W.P.No.19693 of 2019 http://www.judis.nic.in