CHANDRADIP PRASAD Vs. RAVELGANJ MUNICIPALITY

JUDGEMENT

(1.) The plaintiffs are the appellants against the judgment of modification.

(2.) The suit concerns Holding No. 585 of Ward No. 2 situate within the Ravelganj Municipality in the district of Satan. The appellants want a declaration that the holding in question is not liable to assessment of any of the taxes sought to be imposed as per the notice of demand dated 4-4-1967, issued by the municipality defendant No. 1-respondent No. 1 and that the actions of the municipality are all arbitrary, invalid, beyond jurisdiction and ultra vires the statutory powers vested in the Municipal Commissioners. On those grounds, the appellants want the demand notices issued by the respondents to be quashed and they further seek an injunction restraining the defendants from executing the orders in question.

(3.) Shorn of all details, the case of the appellants is that appellant No. 2, Thakur Prasad, fought municipal election, as a result of which all the Municipal Commissioners became inimical to him. On account of this enmity, respondent No. 1, i.e., Municipality, arbitrarily assessed a huge amount of taxes on his holding in question though the house was incomplete and unoccupied. Other objections were taken which we need not take notice of for the purpose of disposal of this appeal.