Allahabad High Court
Arvinder Singh Kohli & Anr. vs State Of U.P. Thru. Prin. Secy. Urban ... on 29 July, 2021
Bench: Ritu Raj Awasthi, Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- MISC. BENCH No. - 16206 of 2021 Petitioner :- Arvinder Singh Kohli & Anr. Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development & Ors. Counsel for Petitioner :- Kirti Kar Tripathi,Amarjeet Singh,Shrikant Tripathi Counsel for Respondent :- C.S.C.,Rishabh Tripathi Hon'ble Ritu Raj Awasthi,J.
Hon'ble Dinesh Kumar Singh,J.
Notice on behalf of opposite party no.1 has been accepted by learned Chief Standing Counsel. No one appears on behalf of Nagar Nigam, Lucknow although notice has been served on opposite parties no.2 and 3.
Heard learned counsel for the petitioners as well as learned Standing Counsel.
The instant writ petition has been filed seeking following reliefs:
"i. Issue a writ in the nature of Certiorari or any other writ or direction or order quashing the letter of respondent no.3 numbering 499/T.S.1 whereby the respondent no.3 has allegedly rejected the representation of the petitioner on the ground that annual value of assessment cannot be done on the basis of valuable report, as contained in ANNEXURE NO.1 to this writ petition.
ii. Issue a writ in the nature of Certiorari or any other writ or direction or order quashing the bill and demand notice dated Nil demanding Rs. 3,52,046/ (Rupees Three Lakhs Fifty Two Thousand Forty six) from petitioner for the premises no. Bhawan Jiyamau 1/203A Naya (Vikramaditya Marg) Lucknow having House Id No. 9157A00362 in the name of "RAM BAHADUR YADAV" as contained in ANNEXURE NO.2 to this writ petition.
iii. Issue a writ in the nature of Mandamus or any other writ or order or direction commanding commanding the respondent no.2 and 3 to correct the assessment of the premises no. 1/203A Naya Bhawan Jiyamau (Vikramaditya Marg) Lucknow having House Id No. 9157A00362 in the name of "RAM BAHADUR YADAV" and changing the name of Owner of the premises from "Ram Bahadur Yaday" to petitioner i.e. "Arvinder Singh Kohli and Kulbir Singh Kohli".
iv. Issue any other writ or order direction, which this Hon'ble High Court in facts and circumstances of the case may deem fit just and proper and nature of the case may admit of; and v. Award cost of the writ petition to the petitioner as against the respondents."
The representation of the petitioner has been rejected vide impugned order dated 25.03.2021, whereby it has been informed that the assessment cannot be done on the basis of valuer's report. So far as the assessment order raising the demand of Rs.3,52,046/- is concerned, the petitioners have a remedy to file an appeal against the said order. Learned counsel for the petitioners has informed that he has not preferred any appeal against the assessment order.
After arguing the matter at some length, learned counsel for the petitioners makes a statement at the bar that he may be permitted to not press this writ petition with liberty to prefer an appeal against the impugned assessment order.
Writ petition is accordingly dismissed as not pressed with aforesaid liberty.
Order Date :- 29.7.2021 Ram.