MEHTA ELECTRO STEEL LTD Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) In this writ petition, the petitioner sought a writ of mandamus, quashing the notice, dated 14 November, 1987, copy Annexure P.3 as being illegal, arbitrary and also for holding that the goods of the petitioner, like hot rolled iron coil skelp etc. be charged octroi at the rate of Re. 0.55 per 100 Kilograms is in terms of item No. 80 of the Octroi Schedule of the Municipal Committee, Bhiwani.

(2.) During the course of arguments, it was found that before the matter could be decided, it required determination of certain fact, and therefore the matter could not be disposed of in this writ petition. There is no order passed by the Municipal Committee charging octroi under item No. 82 of the Schedule aforesaid at the rate of Rs. 2.00 per 100 kilograms. It was, therefore, agreed between the: parties that within one week from today, the petitioner will file necessary objections before the Municipal Committee or its officer competent to decide the matter as regards the charging of octroi on goods brought by them within the municipal limits. On the filing of the said objections by the petitioner, the Committee Octroi Superintendent will dispose them of by speaking order The aggrieved party will be competent to file an appeal as contemplated under Section 99 of of the Haryana Municipal Act, 1973 . The said appeal filed by the party, will be disposed of within one month appellate authority.

(3.) However, it is directed that till the matter is finally disposed of by the appellate authority, the petitioner will pay octroi at till Rs. 0.55 under item 80 of the Schedule.