SUNANDA ASHOK BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, rule is made returnable forthwith. Heard learned counsel for the petitioners and learned Assistant government Pleader for the respondents.

(2.) By this petition, the petitioners challenge the communication dated 4th July, 2002 by the Deputy Director, Vocational education and Training Department (Respondent no. 3 herein) to the Principal and the letter dated 1st April, 2004 written by the principal, Industrial Technical Institute (Respondent no. 4 herein) to the Chief Officer of Municipal Council, Chalisgaon, informing him that the property taxes in respect of the property taken on rent by respondent no. 4 should be recovered from the petitioners i. e. owners of the premises.

(3.) Petitioners are owners of their respective premises. By a written agreement (Exhibit "c") , the petitioner no. 1 let out and the respondent no. 4 took on lease her premises with effect from 1st July, 1996. By a written agreement (Exhibit "d"). petitioner no. 2 let out and the respondent no. 4 took on lease his premises with effect from 18 th April, 1998. By a written agreement (Exhibit "e") , petitioner no. 3 let out and respondent no. 4 took on lease his premises with effect from 1st July, 1996. All the written agreements are identical and clause no. 14 of each of the said agreements provides that the property taxes in respect of the demised premises payable to the municipality shall be paid by the respondent no. 4 directly to the municipality. It appears that the respondent no. 4 applied to the respondent no. 2/3 for administrative sanction for payment of the rent of the demised premises as also the property taxes. The respondent no. 3 by his letter dated 4th July, 2002 informed the respondent no. 4 that at the time of sanctioning of the rent of the premises, the Public Works department had sanctioned it excluding the property tax and, therefore, all the municipal taxes for the premises were required to be paid by the owner and the respondent no. 4 should only pay the rent, water and electricity bill. In pursuance of the said letter of the respondent no. 4, the respondent no. 4 by his letter dated 1st april, 2004 informed the Chief Officer, chalisgaon Municipal Council that till then the respondent no. 4 Institute was paying the property tax; however, as the Government had prevented it from paying property tax, the same should be recovered from the owners of the property. These two communications dated 4th july, 2002 and 1st April, 2004 are impugned in this petition.