Dismissed¶¶22

Nitin Kumar Upadhyay v. State of Chhattisgarh

Chhattisgarh HC2 Dec 2024WPC/5988/2024

Case brief

AI extract

What is this about?

High Court of Chhattisgarh at Bilaspur; WPC No. 5988 of 2024; decided 03/12/2024; Coram: Naresh Kumar Chandravanshi, J.; property tax; annual letting value determination; Rule 11 of Chhattisgarh Municipal Corporation (Determination of Annual Letting Value of Buildings/Lands) Rule, 1997; Municipal Corporation Bhilai; Article 226 writ petition; maintainability; efficacious alternative remedy; appealability under second proviso to Rule 11; petition dismissed with liberty to avail statutory remedy; no amounts adjudicated.

What did the court decide?

Liberty to the petitioner to take recourse to the remedy available to him under the law; pending interlocutory application(s), if any, also stand disposed of. ¶¶22

Nitin Kumar Upadhyay Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2024)

1 / 2

2024:CGHC:47440

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WPC No. 5988 of 2024

¶6

Nitin Kumar Upadhyay, S/o Late Krishna Upadhyay, Aged About 35 Years, R/o H.No. 545, Street No.-6/B, Shanti Nagar, Bhilai, District Durg (C.G.).

¶7

... Petitioner

¶8

versus

¶9

1. State Of Chhattisgarh, Through Secretary Department Of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar, Nava Raipur (C.G.).

¶10

2. Commissioner, Municipal Corporation Bhilai, Tehsil Bhilai, District Durg (C.G.).

¶11

... Respondents

¶12

(Cause title taken from Case Information System)

¶13

For Petitioner : Mr. Sunder Lal Sahu, Advocate. For State/Respondent No.1 : Mr. Shreyansh Mehta, Panel Lawyer. For Respondent No.2 : Mr. Pankaj Agrawal, Advocate.

¶14

Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board

¶15

03/12/2024

¶16

1. Today, this case is listed for orders on default(s).

¶17

2. Default(s), as pointed out by the Registry, is waived.

¶18

3. With the consent of counsel for the parties, matter is heard finally.

¶19

4. This petition has been preferred by the petitioner under Article 226 of the Constitution of India, challenging the impugned notice (Annexure-P/1) dated 07.03.2024 issued by the Commissioner, Municipal Corporation Bhilai in respect of the property tax.

¶20

5. Aforesaid notice has been issued under Rule 11 of Chhattisgarh Municipal Corporation (Determination of Annual Letting Value of Buildings/Lands) Rule, 1997, the same is appealable under 2^nd proviso of Rule 11 itself, but petitioner without availing such remedy has directly filed the instant petition, invoking extraordinary jurisdiction of this Court.

¶21

2 / 2

¶22

6. Since, there is efficacious remedy available to the petitioner for redressal of his grievance, therefore, this Court is not inclined to entertain this petition, hence the same is dismissed. However, liberty is left with the petitioner to take recourse to available to him under the law.

¶23

7. With the aforesaid observations and directions, this petition stands disposed of.

¶24

8. The pending interlocutory application(s), if any, also stands disposed of.

¶25

Sd/-

¶26

(Naresh Kumar Chandravanshi) Judge

¶27

DEEPTIJHANIRALA Digitallysigned byDEEPTIJHANIRALADate:2024.12.0317:07:41+0530

Nitin Kumar Upadhyay v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Nitin Kumar Upadhyay v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sushila Devi Ravi Vs State of Chhattisgarh

M/S Mittal Minerals Vs Union of India

Jageshwar Prasad Pradhan Vs State of Chhattisgarh

The Public Information Officer, Vs Chhattisgarh State Information Commission

Kailash Chandra Godwani Vs Smt. Krishna Lekhwani

Son Das Vs the State of Chhattisgarh