This petition challenged excess tax recovery by village authorities. The bench directed the petitioner to seek an alternative remedy by making a fresh representation to the Chief Executive Officer, Zilla Parishad, Nāsik.
Petitioner directed to make fresh representation to CEO, Zilla Parishad, Nasik.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 59 OF 2007
Shamsoddin Sandubhai Attar. .. Petitioner.
vs.
Sarpanch,
Pimpalgaon Baswant
Village Panchayat & Ors. .. Respondents.
Mr. P.N. Joshi for Petitioner.
Mr. P.M. Patil, AGP., for respondents.
CORAM: J.N. PATEL &
A.A. SAYED, JJ.
DATE: 10TH OCTOBER, 2007.
P.C.
. Heard.
2. This is a public interest litigation filed by
one of the residents of village Pimpalgaon Baswant,
Taluka Niphad, Dist. Nashik whose main grievance is
that the respondents are not recovering taxes as per
the amended rules dated 3.12.1999 and rules of 1960
issued by the State of Maharashtra. It is submitted
that though various representations have been made the
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illegality of collecting taxes at higher rates
continues and that is why the petitioner is required to
approach this Court by invoking its extra-ordinary
jurisdiction directing the respondents, particularly
respondent no. 4 to take appropriate action against
respondent nos. 1 to 3 against recovery of excess
taxes contrary to the aforesaid rules.
3. The learned AGP submits that the representation
can be made to the grampanchayat and on such
representation being made, the Panchayat Sammittee of
Grampanchayat would take appropriate decision and that
the petitioner can very well seek alternative remedy
available to him under the law. In our view, that
would be an appropriate approach in the matter rather
than moving this Court by initiating a public interest
litigation.
4. Further, the learned counsel for the petitioner
submits that he will advise the petitioner to make a
fresh representation to the Chief Executive Officer,
Zilla Parishad, Nasik within a period of two weeks. On
such representation being made, the Chief Executive
Officer, Zilla Parishad would take a decision in the
matter within six weeks and communicate the same to the
petitioner. With these directions, the petition stands
disposed of. No order as to costs.
(J.N. Patel, J. )
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(A.A. Sayed, J. )
1 issue framed by the court
Whether to proceed with PIL regarding excess tax recovery or direct alternative remedy.
Shamsoddin Sandubhai Attar
Sarpanch, Pimpalgaon Baswant Village Panchayat
Village Panchayat & Ors.
J.N. Patel
A.A. Sayed
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court