Allahabad High Court
Syed Khursheed Ahmad Hashmi vs State Of U.P. & Others on 14 July, 2010
Bench: Rajes Kumar, Bharati Sapru
Court No. - 37 Case :- WRIT TAX No. - 995 of 2010 Petitioner :- Syed Khursheed Ahmad Hashmi Respondent :- State Of U.P. & Others Petitioner Counsel :- Hasan Abbas,S.M. Haider Zaidi Respondent Counsel :- C.S.C.,Punit Kumar Gupta,S.P. Singh Hon'ble Rajes Kumar,J.
Hon'ble Bharati Sapru,J.
The petitioner is a mutwalli of the waq property.
The contention of the petitioner is that dues of the respondents no. 3 and 4 cannot be recovered from the personal asset of the petitioner. However the same can be recovered from the waq property. Prima facie there is a subtance in the matter, which requires consideration.
Learned standing counsel who apperars on behalf of responent no.2, Sri S.P. Singh who appears on beahlf of responents no.3 and 4 and Sri Puneet Kumar Gupta who appears on behalf of respondent no.5 may file counter affidavit within four weeks and the petitiner will have two weeks thereafter to file rejoinder affidavit. List thereafter.
Till the next date of next listing, the recovery proceedings relating to the property tax against the petitiner shall remain stayed. However it will be open to the respondents to recover dues from the waq property.
Order Date :- 14.7.2010 rk