✦ Allahabad High Court · 12 Apr 2023

Krishi Utpadan Mandi Samiti & Anr. v. The Executive Engineer Zone-Ii Jal Kal Vibhag And 2

Case at a glance

Key paragraphs

  • Para 55. With the aforesaid observation, present petition is disposed of. Order Date :- 12.4.2023 Abhilash . (S. D. Singh, J) (Pritinker Diwaker, CJ)

Judgment

Petitioner :- Krishi Utpadan Mandi Samiti And Another Respondent :- The Executive Engineer Zone-Ii Jal Kal Vibhag And 2 Others Counsel for Petitioner :- Ved Byas Mishra Counsel for Respondent :- C.S.C.,Harshit Pandey, Shri Ram Pandey Hon'ble Pritinker Diwaker, Chief Justice Hon'ble Saumitra Dayal Singh,J.

#1. Heard Sri Ved Byas Mishra, learned counsel for the petitioners; Sri Ram Pandey, learned counsel for the respondent no.1 and Sri Harshit Pandey, learned counsel for the respondent no.2.

#2. Undisputedly, against the assessment of water tax liability, the petitioner has a remedy of appeal under Section 54 of U.P. Water Supply and Sewerage Act, 1975.

#3. In view of that statutory remedy of appeal available, no interference is warranted under Article 226 of the Constitution of India. It is left open to the petitioner to pursue remedy of appeal in accordance with law.

#4. In the event of such appeal is filed alongwith a copy of this order within a period of two weeks from today, the said appeal may be entertained on its own merit, without raising any objection as to limitation.

#5. With the aforesaid observation, present petition is disposed of. Order Date :- 12.4.2023 Abhilash . (S. D. Singh, J) (Pritinker Diwaker, CJ)

Questions this judgment answers

Which statutory provisions did this judgment involve?

U.P. Water Supply and Sewerage Act, 1975 — s. 54; Constitution of India — art. 226.

Which court decided this case, and when?

Allahabad High Court, on 12 Apr 2023. The bench was SAUMITRA DAYAL SINGH.

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