Vinay Mishra v. Union of India Thru. Deputy Director Railway Board New Delhi and 5 Others

Court No. - 3 Case :- WRIT - C No. - 9173 of 2023 Petitioner :- Vinay Mishra Respondent :- Union Of India Thru. Deputy Director Railway Board New Delhi And 5 Others Counsel for Petitioner :- Daya Shankar Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.,Namit Sharma,Shantanu Gupta Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard Shri Daya Shankar Yadav, learned counsel for the petitioner, Shri Anil Kumar Mishra, learned counsel for respondent Nos.1 to 3, Shri Shantanu Gupta, learned counsel for respondent Nos.4 and 5 and learned Standing Counsel for respondent No.6. The petitioner has approached this Court challenging the order dated 23.09.2023, whereby the demand of increased house tax has been assessed w.e.f. year 2010. Learned counsel for the petitioner states that no opportunity of hearing was given to the petitioner before assessing the house tax w.e.f. year 2010 as well as amount. Learned counsel for the Nagar Nigam also protests that the petitioner may file his representation, which shall be considered and decided. In the given circumstances, it is provided that the petitioner may submit his reply to the demand letter dated 23.09.2023 before the Zonal Officer, Zone-1, Municipal Corporation, Lucknow within a period of two weeks from today along with all the documents in support of his reply. If such a reply is submitted, respondent No.5-Zonal Officer, Zone-1, Municipal Corporation, Lucknow shall pass a reasoned and speaking order after giving opportunity of hearing to the petitioner both in regard to the date from which the house tax is liable to pay as well as the assessment of amount given, which is liable to pay. Such an order shall be passed by respondent No.5 be within a period of four weeks after submitting the reply by the petitioner. Any demand against the petitioner shall be subject to such a final order passed by the respondent No.5. With the aforesaid directions, the writ petition is disposed of. (Manish Kumar,J.) (Vivek Chaudhary,J.) Order Date :- 28.10.2023 Ashutosh Pandey High Court of Judicature at Allahabad, Lucknow Bench