Bombay High Court
Akola Municipal Corporation, Through ... vs Dr. Zishan Hussain Azhar Hussain And ... on 24 January, 2020
Author: Vinay Joshi
Bench: Ravi K. Deshpande, V. G. Joshi
1 mca42.20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
M.C.A. (REVIEW) NO. 42 OF 2020
IN
PUBLIC INTEREST LITIGATION NO. 42 OF 2018 (D)
Akola Municipal Corporation and another
Vs.
Dr. Zishan Hussain Azhar Hussain and another
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri S. V. Sohoni, Advocate for Applicants.
Ms. Sejal Lakhani a/w. Shri S. P. Bhandarkar, Advocate for respondent no.
1.
Shri N. R. Patil, A.G.P. for respondent nos. 2.
CORAM :- R. K. DESHPANDE AND
VINAY JOSHI, JJ.
DATED :- 24.01.2020 Heard. Notice made returnable forthwith.
2. Learned counsel appearing for the respondents waive service of notice for respective respondent.
3. Heard finally by consent of learned counsel appearing for the parties.
4. It is not in dispute that Property Tax is to be levied on the basis of actual measurement of the properties and therefore, the rates prevailing during 2002-2017 can be applied to the actual area of the properties as per the measurement, which has already taken place.
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5. So far as clarification in terms of prayer clause (ii) is concerned, the prayer seems to be per-mature, hence to that extent it is dismissed with liberty to the applicants to come before the Court as and when cause arises.
M.C.A. stands disposed of.
JUDGE JUDGE
RR Jaiswal
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