ARVIND KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri S.A. Gilani, learned counsel for the petitioner. Learned standing counsel appears for the state respondents.

(2.) This writ petition is directed against an ex-parte report dated 1.1.1994; the orders dated 31.1.1995 passed by the State Government for recovering the financial loss caused by Shri Arvind Kumar-the petitioner in this writ petition while he was working as Officiating Chairman of the Nagar Palika Parishad, Chandpur; the letter dated 26.8.1996 of the District Magistrate, Bijnor and recovery certificate dated 3.10.1996 for recovering Rs. 18,574/- from the petitioner as surcharge for the loss caused to the Nagar Palika Parishad of the house tax and water tax, on account of the orders passed by the petitioner under Sections 173A and 291 of the U.P. Nagar Palika Adhiniyam.

(3.) Brief facts, giving rise to this writ petition, are that the petitioner was elected as the Member of the Municipal Board Chandpur, District Bijnor in 1988. He was elected as Vice Chairman in 1989, and officiated as Chairman in the years 1992-93, when the Chairman was removed. A Tax Committee of five members was constituted by the 3oard for making assessment of taxes w.e.f. 1.4.1991. The Committee revised taxes, including the house tax and water tax after providing opportunity to the aggrieved persons. A notice dated 14.6.1990, was sent to one Shri Shahid inviting objections in respect of revision of taxes on the five shops owned by him. Shri Shahid filed objections on 16.6.1990 stating that one of the five shops has been sold by him, and thus only four shops be assessed. The Committee decided to assess the house tax and water tax only on four shops and decided to make separate assessment for one Smt. Madhu Gupta in respect of the shop purchased by her from Shri Shahid. The rate of assessment was the same. The assessment in respect of one shop of Smt. Madhu Gupta was drawn separately.