UTTAMCHAND KHEMCHAND SHAHA Vs. MIRAJ MUNICIPAL COUNCIL

JUDGEMENT

(1.) THIS is a petition challenging the order of the learned Additional Sessions Judge, Sangli dated 12-2-1990 passed in Criminal Revision Application No.75 of 1987 confirming the order passed by the learned Judicial Magistrate, First Class, Miraj in Municipal Appeal No.29 of 1994.

(2.) THE Petitioner is owner of building bearing Municipal House No.2821/6(E) situated in station area of Miraj within the limits of Miraj Municipal Council. Petitioner is a running a lodge in the same building. Miraj Municipal Council annual rating value (ALV for short) had fixed of the said building at Rs.9000/- upto the year 1983-84. In the year 1983-84 the LV was fixed and Respondent No.1 Miraj Municipal Council fixed the ALV at Rs.29,200/-

(3.) IN the meantime the Respondent-Miraj Municipal Council passed a Resolution on 9-6-1989 bearing No.1703 by which it was resolved that ALV of said building for the year 1983-84 shall be Rs.13140/-. A certified copy of the said Resolution was produced by the Petitioner before the learned Additional Sessions Judge and a copy thereof also is annexed to this petition as Exh.8. The learned Additional Sessions Judge, dismissed the revision application and did not take into consideration even the decision of the Municipal Council containing the said Resolution.