MUNICIPAL COMMISSIONER MANGALORE Vs. PAUL MONTEIRO

JUDGEMENT

(1.) In this Petition under Articles 226 and 227 of the Constitution of India, filed by the Mangalore City Municipal Council, Mangalore, the order dated 26th day of March 1979 passed by the Sessions Judge, Dakshina - Kannada, Mangalore in Crl.Revn.Petn. No. 35 of 1978, is challenged. The said revision was filed by one Paul Monteiro of Mangalore against the order of the I Addl. Chief - Judicial Magistrate, Mangalore, dated 13.6.1978 passed under Sec. 150 of the Karnataka Municipalities Act, 1964 - (hereinafter referred to as the 'Act').

(2.) The said order of the Magistrate arose out of an appeal filed by the said Sri Paul Monteiro under Sec. 150 of the Act. He had in the said appeal, challenged the notice of demand dated 23.8.1977 issued by the Mangalore - Municipal Council under Sec. 142 of the Act calling upon him to pay property-tax and other cesses amounting to Rs. 944.38 Ps. for the assessment year 1976-77.

(3.) The appeal was dismissed by the Magistrate holding that the appeal filed by the appellant-petitioner was not maintainable on two grounds:-