Single judge order summarizing that the Supreme Court set aside a Division Bench judgment quashing tax orders under the Punjab Municipal Act. The present petition is disposed of in light of the Supreme Court's decision validating the amended sections.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.5166 of 1998 Date of Decision: July 17, 2012
Sarwan Kumar & others
...Petitioners
Versus
State of Punjab & another
...Respondents
CORAM: HON'BLE MR.JUSTICE RANJIT SINGH
Present: None for the petitioners.
Mr.Sudhir Nehra, Addl.A.G.Punjab, for the State.
Mr.H.S.Sethi, Advocate, for respondent No.2.
RANJIT SINGH, J.
When this writ petition came up for hearing on 11.1.1999, the Division Bench noticed the fact that amendment made in Punjab Municipal Act, 1911 was subject matter of challenge in CWP No.1801 of 1995, which had been heard by Division Bench and judgment reserved. This writ petition was adjourned to be put up for hearing after the decision of aforesaid writ petition. Ever since that date, the writ petition has remained pending. Registry has now set down this writ petition for hearing and has placed on record the order passed by the Division Bench, where Sections 3(1)(b) and 3(8)(a) of the Act have been declared unconstitutional and struck down. Accordingly, the orders of assessment as well as the appellate and revisional orders and notices issued by the concerned Municipalities for levy of tax were held to be illegal and quashed. The Municipal Committee,
Civil Writ Petition No.5166 of 1998 :2:
Patiala has impugned this order passed by the Division Bench by filing a Special Leave Petition, which has now been allowed. The order passed by the Hon'ble Supreme Court in Civil Appeal No.684 of 2003 is handed over in the court and is placed on record. The judgment passed by the Division Bench has been set-aside and Sections 3(1)(b) and 3(8)(a) are held valid.
Accordingly, the present writ petition is disposed of in the light of order passed by the Hon'ble Supreme Court in Civil Appeal No.684 of 2003 (Municipal Committee, Patiala Versus Model Town Residents Asson.& Ors., decided on 1.8.2007.
July 17, 2012 ramesh
( RANJIT SINGH ) JUDGE
Colour shows how this judgement treated each authority
Municipal Committee, Patiala Versus Model Town Residents Association & othersFollowed¶20
Civil Appeal No.684 of 2003 (Municipal Committee, Patiala Versus Model Town Residents Asson.& Ors.)
1 provisions across 1 enactments
Sarwan Kumar & others
State of Punjab
another
Ranjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
