Tower Vision India Pvt. Ltd v. State) & Anr.

Shri M. Anil Kumar, Advocate for petitioner. Shri A. Parihar, Assistant Government Pleader for respondent no.1. Shri C.S. Kaptan, Advocate for respondent no.2. -------- CORAM : D.B. BHOSALE AND P.B.VARALE, JJ. DATED : JUNE 29, 2010 Heard learned Counsel for the parties. By this writ petition, the petitioners have impugned the notices dated 1/3/2010 (Annexures “E” and “H”) issued by respondent no.2 under Section 127 of the City of Nagpur Corporation Act, 1948 (for short, “the Act”). Shri Anil Kumar, learned Counsel for the petitioner, at the outset, submits that in response to the impugned notices, the petitioner addressed a 2 reply dated 8.4.2010 the Municipal Commissioner, Nagpur Municipal Corporation in the form of objections as contemplated by Section 128 of the Act and those objections have not been considered and dealt with by the Corporation till this date. Shri Kaptan, learned Counsel for respondent no.2, on the other hand, submits that reply dated 8/4/2010 to the impugned notices was not in the form of representation raising objections and it was a simple letter addressed to the Municipal Commissioner. He submits that petitioner were supposed to raise objections to the notice under Section 127 before the Assessor and Tax Superintendent. From perusal of the reply dated 8/4/2010, it is clear that it was addressed to the Municipal Commissioner and it was not in the form of objections to the valuation. The learned Counsel for the petitioner submits that without prejudice to their rights and contentions, the petitioner have already deposited the entire amount as per the demand notice. In the circumstances, we are satisfied that 3 the following order shall meet the ends of justice : The petitioner are allowed to file their objections to the valuation as contemplated by Section 128 of the Act to the demand notices dated 1/3/2010 within a period of four weeks from today. If the petitioners file their objections within the stipulated time, the Corporation shall consider and decide the same as expeditiously as possible and preferably within a period of four weeks therefrom. The respondent Corporation shall not take any coercive action against the petitioner till their objections are decided as afore-mentioned. With these observations, the petition is