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High Court of Punjab and HaryanaCWP/22196/2014disposed of

Soldier Educational Society & ANR v. State Of Punjab & ORS

2015-12-09Mr. Justice Surinder Gupta,Mrs Justice Daya Chaudhary2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 22196 of 2014 Decided on : 09.12.2015 St. Soldier Educational Society and another . . . Petitioners

Versus

State of Punjab and another . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Sameer Sachdeva, Advocate for the petitioners.

Mr. Jagmohan Bansal, Addl. AG, Punjab.

Mr. Harsh Aggarwal, Advocate for respondent No.2.

**** AJAY KUMAR MITTAL, J. (Oral) In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioners has sought the quashing of letter dated 16th December, 2013 (Annexure P-12) issued by respondent No.2 claiming property tax from the petitioner-society. A further consequential prayer has also been made against the steps enforcing such tax by respondent No.2 without deciding the objections of the petitioner-society, which is not liable to pay any property tax. However, a written statement has been filed on behalf of respondent No.2 controverting the claim made by the petitionersociety, which in turn has been strongly opposed by the learned counsel for the petitioners.

2.

At this stage, we dispose of the present writ petition without entering into the merits of the controversy by permitting the petitionersociety to file a detailed and comprehensive representation raising all the JAWALA RAM 2015.12.14 16:23 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 22196 of 2014 - 2 - pleas as have been raised in the present writ petition along with the supporting documents, laying the challenge to levy of property tax on the property owned by the petitioner-society. The petitioners shall file the said detailed and comprehensive representation within a period of one month from the date of receipt of certified copy of this order, which shall be decided by respondent No.2 within a further period of two months from the date of receipt of such representation, by passing a speaking order, after affording an opportunity of hearing to the petitioners in accordance with law.

(AJAY KUMAR MITTAL) JUDGE (RAMENDRA JAIN) December 09, 2015 JUDGE J.Ram JAWALA RAM 2015.12.14 16:23 I attest to the accuracy and authenticity of this document Chandigarh