Rajasthan High Court - Jodhpur
Seventh Day Adventist School vs State & Ors on 19 January, 2017
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.Civil Writ Petition No. 644 / 2017
Seventh Day Adventist School,
Opp. Solanki Dairy, Residency Road,
Jodhpur. Through: The Honorary Director,
Dr. Bharat D Singh S/o Shri Jagendra Singh,
Age 68 years, R/o One Officers Campur,
Sirsi Road, Jaipur
----Petitioner
Versus
1. State of Rajasthan,
Through: The Director,
Local Self Department,
Government of Rajasthan, Jaipur.
2. The Commissioner,
Municipal Council, Jodhpur.
3. The Deputy Commissioner,
Municipal Council, Jodhpur.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Rakesh Arora.
_____________________________________________________
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order 19/01/2017 Learned counsel for the petitioner, referring to the Division Bench Judgment dated 13.07.2016 passed in D.B. Civil Special Appeal (Writ) No.556/2016 (Jai Narayan Vyas University vs. The State of Rajasthan & Anr.), urges that the petitioner may be given liberty to file its objections before the competent authority against the impugned notice of recovery of U.D. Tax and in turn, the competent authority may be directed to consider such objection and expeditiously decide the same as per law.
(2 of 2) [CW-644/2017] In view of the submissions noted hereinabove, the petitioner may along with the copy of this order, submit its objection/representation to the respondent Municipal Council, Jodhpur against the impugned demand notice within a period of 10 days from today. Upon such objections/representation being received, the competent authority of the Municipal Council, Jodhpur shall objectively consider and decide the same within a period of two weeks from the date of submission thereof as per law. If after the disposal of the representation, any of the petitioner's grievance still survives, it shall be at liberty to take recourse of the appropriate legal remedy for redressal thereof.
The writ petition as well as stay application are disposed of in the above terms.
(SANDEEP MEHTA)J. Tikam/89