HANUMANDAS MADANLAL SHARMA Vs. AHMEDNAGAR MUNICIPAL COUNCIL AHMEDNAGAR

JUDGEMENT

(1.) THE petitioner has filed present petition challenging the order dated-23-12-1994 passed by the learned Additional Sessions Judge, Ahmednagar in Criminal Revision No. 549 of 1988 challenging the order passed by the learned Chief Judicial Magistrate, Ahmednagar dated1-8-1988 in Municipal Tax Appeal No. 23 of 1985.

(2.) FACTS in nut shell leading to the present writ petition are that : House No. 44/239 out of Ward No. 9 Hudoo Colony, Ahmednagar is owned and possessed by the petitioner. The respondent No. 1 submitted a bill No. 20206 dated-30-3-1985 and being aggrieved by the said bill, the aforesaid tax appeal was filed by the petitioner under Section169 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The bill submitted by the respondent No. 1 was for Rs. 3,510/- towards the tax amount. The learned Chief Judicial Magistrate after considering the material on record and after hearing the parties, allowed the tax appeal partly and reduced the said bill to Rs. 1,500/- with effect from 1984-85 onwards. The respondent No. 1 council, dissatisfied with the said order, preferred Revision No. 549 of 1988 before the learned Additional Sessions Judge, Ahmednagar, who, in turn, by this order dated-23-12-1994 allowed the same and set aside the order passed by the learned Chief Judicial Magistrate dated1-8-1988. Said order of learned Additional Sessions Judge is questioned in the present revision.

(3.) ON the other hand, it is submitted by Shri. Latange, learned Advocate for the respondent No. 1 that the order passed by the learned Additional Sessions Judge is proper and justified.