DWARKA NAGAR PANCHAYAT Vs. DWARKA CEMENT WORKS LIMITED

JUDGEMENT

(1.) Special Civil Application No.8820 of 1989 is filed by Dwarka Nagar Panchayat challenging the interim order dated 15.12.1989 passed by the Development Commissioner calling upon the petitioner to return goods and articles. This Court has passed an order on 6.2.1990 staying the order dated 15.12.1989 and directing the Development Commissioner to decide the matter pending before him within four weeks of the receipt of writ of the order dated 6.2.1990. The Court further clarified that the attached property would remain attached but would not be auctioned till further order.

(2.) Pursuant to the order of this Court dated 6.2.1990 passed in Special Civil Application No.8820 of 1989 the Development Commissioner has passed an order on 12.3.1990 determining the amount of tax payable by the respondent No.1 Company on account of octroi as well as house tax at Rs.3,74,888/- and deducting therefrom an amount of Rs.3,28,659/- being the amount spent by the Company, net lumpsum amount of Rs.46,229/- was determined to be payable by the respondent No.1. Company.

(3.) Instead of making an amendment in the pending petition i.e. Special Civil Application No.8820 of 1989, the petitioner filed separate petition being Special Civil Application No.2735 of 1990 challenging the order dated 12.3.1990 passed by the Development Commissioner.