Allowed

Om Prakash Nayak v. the State of Bihar and Ors.

Patna HC6 Aug 2012CWJC/6068/2005

Case brief

AI extract

What is this about?

The Single Judge allowed the writ petition challenging survey notices for municipal tax. Quashing the notices due to non-application of law regarding annual rental assessment per Rule 3 of 1993 Rules, the Court remitted the matter to the Nagar Parishad for fresh decision.

What did the court decide?

Impugned notices quashed; matter remitted to Nagar Parishad to consider afresh and take a fresh decision in strict accordance with law.

Om Prakash Nayak Vs the State of Bihar and Ors. — Property and Title | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6068 of 2005

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====================================================== Om Prakash Nayak, S/O Late Mukund Nayak, resident of Mohalla Damodarpur, P.S. Rosera, Ward No.14, District- Samastipur. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate, Samastipur 3. The Executive Officer, Rosera Municipality, Rosera, Distt- Samastipur 4. The Assessment Officer, Rosera Municipality, Rosera, Distt- Samastipur 5. The Sub-Divisional Officer-cum-Certificate Officer, Rosera, DistrictSamastipur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Susmita Mishra Mr. Shailendra Kumar For the Respondent/s : Mr. (Sc8) Mr. Madan Pd.Singh 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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3 06-08-2012 In this writ application petitioner has challenged the demand notice dated 17.6.1994 issued by the Rosera Nagar Parishad and notice dated 10.9.2004 of the Certificate Officer, Rosera in respect of municipal taxes of the holding of the petitioner.

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Learned counsel for the petitioner refers to an order dated 9.2.1998 passed in C.W.J.C.No.7594 of 1996, a copy whereof is Annexure-3 with the writ application, and submits that the Municipal Corporation is authorized to fix annual rent of the holding but the same has to be done in accordance with the provisions of the Assessment of Annual Rental Valuation of

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Patna High Court CWJC No.6068 of 2005 (3) dt.06-08-2012

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Rules, 1993 read with guidelines. She submits that this Court in the said order held that as the enhanced rent was not fixed in terms of the said Rules, the demand made was arbitrary.

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After going through the said order of this Court, it is clear that it was accepted by the parties and held by this Court that the assessment of annual rental had to be made only in terms of the guidelines prescribed under Rule 3 of the said Rules of 1993 and not otherwise. Petitioner in this case has assailed that no such exercise was done by the respondents before issuing demand notice to the petitioner.

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No counter affidavit on behalf of Nagar Parishad is available on record. Learned counsel, who appears for respondent nos.3 ands 4, submits that he has no instructions.

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In the circumstances, following the said order of this Court, as contained in Annexure-3, this writ application is also allowed. Impugned notices are quashed and the matter is remitted back to the Nagar Parishad to consider it afresh and take a fresh decision in the matter strictly in accordance with law.

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(Jayanandan Singh, J)

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Pradeep/-

Om Prakash Nayak v. the State of Bihar and Ors.

Case brief

What is this about?

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Om Prakash Nayak v. the State of Bihar and Ors.

Case brief

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What did the court decide?

What the court decided

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