GAURISHANKAR KASHINATHAPPA CHANNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition, the petitioners are challenging the notices dated 11th February, 1993 and 4th December, 1996.

(2.) BRIEF facts are that; the petitioners had applied to the Collector, parbhani for grant of N. A. permission for the purposes of constructing a residential premise by their application dated 13th of May, 1991. It appears that on 3rd of October, 1991, the Collector, Parbhani had granted the requisite permission subject to various conditions as set out in the said order and directed the petitioners to pay a sum of Rs. 13,069. 00 towards N. A. assessment taxes for every year with a condition that the said charges/ taxes will continue for a period of 10 years.

(3.) THE petitioners seem to have been paying the N. A. charges as aforesaid, for the period 1991-92 to 1995-96. In the meanwhile, the Tahsildar, basmathnagar had issued a notice dated llth February, 1993, to the petitioners asking them to pay a sum of Rs. 79,200/- by way of N. A. taxes for the period 1991-92 and 1992-93. 3. The petitioners had challenged the said notice of the Tehsildar, basmathnagar, by filing Regular Civil Suit no. 126/1993 in the Court of civil Judge, Senior Division, Parbhani, on the ground that no notice was given to the petitioners; no enquiry was made; and no opportunity was granted to the petitioners to raise any objection with regard to the said n. A. assessment and in the said suit the petitioners had prayed that the said notice dated 11th February, 1993 be declared as null and void.