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Judgment
DEEPAK SIBAL, J. (Oral)
Through an order dated 23.11.2020, passed under Section 129 of the Haryana Municipal Corporation Act, 1994 (for short – the Act), the respondent – Municipal Corporation, Panipat (for short – MC, Panipat) raised a demand payable by the petitioner. Such demand @ Rs.6,32,87,659/-was on account of house tax for the years 2010-11 till 2020-21. Since the petitioner did not deposit the demanded house tax, an order dated 11.12.2020 under Section 130 of the Act was passed by MC, Panipat sealing the property in question. The present petition was preferred by the petitioner to challenge therein the afore action taken by MC, Panipat.
On 21.01.2021, through an interim order passed by this Court, the petitioner was permitted to raise his grievance before the MC which the petitioner did and after consideration of the petitioner’s grievance, an order dated 11.02.2021 was passed by the Commissioner of MC, Panipat revising the demand to Rs.3,99,18,723/- but the period for which such demand was made was now substituted from 2009-10 till 2020-21. Thereafter, under an amnesty scheme floated by the State, against the demand of Rs.3,99,18,723/-the petitioner deposited Rs.2,67,87,353/- which deposit, according to the petitioner, was “under protest”.
Today, when the matter came up for hearing, learned senior counsel for the petitioner submitted that he be permitted to withdraw this petition with liberty to the petitioner to avail of its remedy under Section 138 of the Act to challenge therein the afore referred order of the Commissioner of MC, Panipat dated 11.02.2021.
Dismissed as withdrawn with liberty as prayed for.
It is clarified that while granting the afore liberty, we have neither commented on the merits nor the maintainability/entertainability of the remedy that the petitioner may avail.
Learned counsel for the respondent-MC fairly states that because since the year 2021 this writ petition is pending before this Court, if the petitioner avails the remedy, the liberty for which has been sought and got through this order, within 15 days from today, the respondent-MC shall not raise any objection with regard to its entertainability on the ground of being barred by limitation.