ELECTRONICS LIMITED Vs. STATE

JUDGEMENT

(1.) COUNSEL for the Municipal Corporation of Faridabad states that an application for setting aside the ex parte order in respect of CA No. 1256/2006 had been filed by him on 3. 7. 2007 vide diary No. 140055. I find that the same is not on record though advance copy has been served on the applicant of CA no. 1256/2006. Learned counsel for the applicant in CA No. 1256/2006 submits that she has no objection to the order proceeding ex parte against the Municipal corporation of Faridabad being recalled. In view of the consent given by the applicant in CA No. 1256/2006 the order dated 7. 09. 2007 insofar as it proceeded ex parte against the Municipal Corporation of Faridabad is recalled.

(2.) I have heard counsel for the parties on this application for some time. Counsel for the Municipal Corporation of Faridabad submits that various portions of the land purchased by the applicant as an auction purchaser have since been transferred to third parties. This position is accepted by the counsel for the applicant also. It would therefore have to be examined whether the application can be maintained by the applicant the auction purchaser or not. For this it is necessary to examine transfer deeds executed by the auction purchaser in favour of third parties. Learned counsel for the applicant wishes to place them on record. Let the same be filed along with the supporting affidavit within two weeks.

(3.) MY attention has also been drawn to Section 133 of the Haryana Municipal corporation Act. It is argued that the property in question admittedly was lying in de-use/vacant and unproductive and for more than 60 days (it is claimed to have been in disuse for five years ). Consequently two-third of the fire tax and general tax assessed on the ratable value ought to have been, in any case, refunded. Learned counsel for the Municipal Corporation of Faridabad seeks time to place on record the quantification of the tax levied on yearly basis and the refund/remission under Section 133 of the Haryana Municipal corporation Act that the applicant claims, without prejudice to the rights and contentions of the parties. Let the same be filed by the Municipal Corporation of Faridabad along with the supporting affidavit within four weeks.