JITUBHAI CHIMANBHAI PATEL Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) THIS petition has been preferred with the following prayers.

(2.) IT is the say of the petitioner that the petitioner is running a shop-galla in the name and style of "pan Point" at Yashpal Complex, Behind Commerce Hostel, Navrangpura, Ahmedabad being Survey/f. P. No. :267/4/a/9 bearing Tenement No. :7031-0156-00-0003-K situated in Ellisbridge Ward. It is the say of the petitioner that petitioner has been paying tax to respondent Municipal Corporation. According to the petitioner the tax bills were not received regularly and hence they remained unpaid for a period of eight years. Thereafter the petitioner was given a statement showing details of total property tax remaining unpaid to the extent of RS. 31,049/- dated 07/01/2009. That petitioner made an application for reducing the said amount because according to the petitioner the shop galla was made of Kachha Metal sheet and was not a permanent structure. It is the say of the petitioner that the said structure had deteriorated and hence was required to be replaced which the petitioner did in first week of March, 2009. On 24/04/2009 the Officials of Encroachment Department of respondent Corporation visited the site and asked the petitioner to remove the shop-galla as the same was encroaching on public road. That no eviction notice has been served to the petitioner. Therefore the petitioner has approached by way of this present petition.

(3.) AT the time of issuing Notice on 11/05/2009 the Court had directed the petitioner to make payment of all outstanding taxes due and state the same on affidavit. Accordingly the petitioner has tendered affidavit dated 13/06/2009.