Jagannath Narayan Kutumbhi Trust And Others vs Indore Municipal Corporation And Others

Subodh Abhyankar, J

This writ petition has been filed by the petitioners under Article 226 of the Constitution of India seeking the following reliefs:-

"(a) A writ of Certiorari or any appropriate Writ, Direction or Order may kindly be issued to quash the impugned notice (Annexure- P/1) being illegal.

(b) An appropriate Writ, Direction or Order may kindly be issued directing the respondents to open the premises of the Petitioner situated at 36, Sheelnath Camp, Indore.

(c) An appropriate Writ, Direction or Order may kindly be passed restraining the respondents from taking any action against the petitioner without following the process of law.

(d) This petition be allowed with costs; (e) Any other relief which this Hon'ble Court deems fit may be granted to the Petitioners."

The grievance of the petitioners is that a notice dated 13/07/2023 has been issued to the petitioners raising a demand of Rs.17,54,789/- towards the property and other taxes for last 4-5 years.

Learned counsel for the petitioners has submitted that although pursuant to the aforesaid notice, the petitioners' property was also locked and sealed, however, the property has been unsealed since filing of this petition. It is also submitted that the petitioners have also filed a representation/reply dated 28/07/2023 to the aforesaid notice but the order on the same are yet to be passed by the respondents. Counsel has also submitted that the respondents may be directed to give some breathing time to the petitioners if any adverse order is passed, so that the petitioners can take recourse of remedy available to the him/them under Section 149 of the Municipal Corporation Act, 1956.

Learned counsel for the respondents has submitted that the representation/reply filed by the petitioners shall be decided expeditiously.

On due consideration of submissions and on perusal of the documents filed on record, this Court finds force in the submissions as advanced by the learned counsel for the petitioners and is inclined to dispose of this petition with a direction to the respondents to decide the petitioners' representation/reply in accordance with law and needless to say that if any adverse order is passed against the petitioners, the same shall not be implemented for a further period of two weeks so that the petitioners can take recourse of remedy available to him/them under the law. The petitioners can also file additional reply before the respondents, if necessary.

With the aforesaid direction, the writ petition is disposed of.