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High CourtsDivision Bench(2020) 03 P&H CK 0007

Koshalya Rani And Others vs Municipal Corporation, Gurugram And Another

Punjab And Haryana At Chandigarh · Decided on 3 March 2020

HON’BLE JUDGES
Ajay Tewari, J · Avneesh Jhingan, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 6021 Of 2020 (O&M)

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Judgment

21 paragraphs · 380 words

Ajay Tewari, J

1.

This petition has been filed challenging the action of the respondents in demanding property tax from the petitioners for the year 2008-2009 and

2010-2011 amounting to Rs.1,22,67,502/-.

2.

Even though the impugned order is an appealable order yet in view of the stark circumstances of the case, we do not deem it appropriate to

relegate the petitioners to the remedy of appeal for the reason that as per the petitioners the total covered area of the building is 8,722.48 sq. feet but

for some strange reason the respondent-Municipal Corporation is very obdurately insisting that the covered area of the building is more 44,688 sq.

feet.

3.

The only prayer made by counsel for the petitioners is that the respondent No.2 be directed to verify what is the actual status of the floor area of

the building of the petitioners and thereafter to issue the revised assessment and the petitioners will pay the same without any demur.

4.

On the asking of the Court, Mr. Lokesh Sinhal, Standing Counsel for the respondent-Municipal Corporation has accepted notice on behalf of the

respondents. One copy of the paper book has been supplied and the counsel for the petitioners undertake to supply another copy of the paper book to

the Ld. Standing Counsel during the course of the day.

5.

Ld. Standing Counsel for the Municipal Corporation has also very fairly accepted that this would be an appropriate shortcut method which would be

satisfactory to both the sets of parties.

6.

In the circumstances, the petitioners through counsel are directed to appear before the respondent No.2-Zonal Taxation Officer on 12. 03.2020 with

the record and the respondent No.2 would verify the existing position and either confirm the impugned order or vary it as per the situation at the spot.

7.

The auction which is said to be slated for today shall not be conducted for a period of two weeks after the subsequent order.

8.

Petition stands disposed of in the above terms.

9.

Since the main case has been decided, the pending C.M. Application, if any, also stands disposed of.

10.

Copy of this order be given dasti to the counsel for the petitioners as well as to the Ld. Standing Counsel under the signatures of the Bench

Secretary.