Allahabad High Court
Smt. Darshan Devi And Others vs District Magistrate Basti And Others on 22 July, 2010
Author: V.K. Shukla
Bench: V.K. Shukla
Court No. - 21 Case :- WRIT - C No. - 42441 of 2010 Petitioner :- Smt. Darshan Devi And Others Respondent :- District Magistrate Basti And Others Petitioner Counsel :- B.S. Pandey,Gulab Shanker Singh Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Learned standing counsel has accepted notice on behalf of respondent No.1. Issue notice to respondent Nos. 2 and 3 returnable within next 12 weeks.
It has been contended on behalf of the petitioner that appeals under Section 160 of the U.P. Municipalities Act, 1916 are appeals in relation to taxation, and in the present case, though no issue of taxation was ever there as covered under Section 160 of the aforesaid Act against the order passed by Nagar Palika Parishad, refusing to enter the name of respondents in assessment register. Said appeal had been filed and the same has been allowed. Since appeal itself was incompetent and not maintainable, and in such a situation the directives issued are unsustainable.
Prima facie the argument advanced appears to have some substance and same requires adjudication by this Court. Consequently, till the next date of listing, operation of the order dated 14.06.2010 passed by Collector Basti shall be kept in abeyance.
Order Date :- 22.7.2010 SRY