Court dismissed writ petition noting availability of alternative remedy via statutory claim under Octroi Rules. Petitioner agreed to file claim. Petition disposed of without merits.
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IN THE HIGH COURT OF JDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 958 OF 2009
| Cotton Country Retail Ltd. | .. | .. .. Petitioner |
|---|---|---|
| Vs. | ||
| Bombay Municipal Corporation | .. | .. .. Respondent |
Mr. K. P. Madhusoodanan Nair for the petitioner Ms. S.M. Modale for R-1. Mr. M. A. Gosavi, AGP
CORAM : SMT. RANJANA DESAI AND SMT. MRIDULA BHATKAR, JJ. DATE : 26TH NOVEMBER, 2009.
P.C.
Paragraph 9 of the affidavit filed by Jagdish H. Lade, Assistant
Assessor and Collector Octroi indicates that an alternative remedy of
filing a claim is available to the petitioner. In view of this, in our opinion, the petitioner ought to have filed its claim before the appropriate authority prescribed under Rule 26 of Levy of Octroi Rules.
Learned counsel for the petitioner states that the petitioner will file its claim before the appropriate authority. If such a claim is filed the appropriate authority will deal with it in accordance with law. If the petitioner is aggrieved by the order passed by the appropriate authority he can challenge that order in accordance with law.
We have not expressed any opinion on the merits of the case. The appropriate authority may consider the petitioner’s claim independently and in accordance with law. The petition is disposed of in the aforestated terms.
(SMT. RANJANA DESAI, J.)
(SMT. MRIDULA BHATKAR, J.)
Cotton Country Retail Ltd.
Bombay Municipal Corporation
Ranjana Desai
Mridula Bhxkar
As recorded by the court registry
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