Ajay Gupta Vs the Municipal Committee, Sirhind

The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for declaring the impugned order of the Municipal Committee, Sirhind (Annexure P-1) illegal and for quashing the same and for issuance of a writ in the nature of prohibition or any other direction restraining the Municipal Committee, Sirhind from recovering the enhanced house tax amounting to ` 32,400/- in pursuance of the notice (Annexure P-1).

Perusal of Annexure P-1 goes on to show that it is only a notice under Section 65/67 of the Punjab Municipal Act, 1911 whereby the assessment of the property Unit No.4510/14 situated in Ward No.13 of Municipal Committee, Sirhind was required to be amended on account of various reasons. The petitioner has challenged the said show cause notice. Admittedly, the petitioner has liberty to file objections to the said notice under the provisions of the Act and thereafter, the proceedings regarding assessment have to be finalized. The said procedure has not been followed by the petitioner.

Accordingly, the writ petition is disposed of with liberty to the petitioner to file objections to the said notice. The Municipal Committee, Sirhind shall take steps in accordance with law after the objections are filed by the petitioner.

11.05.2012 sailesh

(G.S.Sandhawalia) JUDGE

Ajay Gupta v. the Municipal Committee, Sirhind