MUNICIPAL COMMISSIONER OF KATIHAR MUNICIPALITY THROUGH THE CHAIRMAN Vs. R.B.H.M. JUTE MILLS THROUGH ITS GENERAL MANAGER SRI RAM KUMAR SAKSARIA

JUDGEMENT

(1.) None appears for the appellant. Same was the position even yesterday (11.03.2015).

(2.) This Letters Patent Appeal has been filed by Municipal Commissioner, Katihar Municipality (hereinafter referred to as the "Municipality") through Sri Naresh Kumar Sinha, Advocate. Sri Vijay Kumar, Assistant Counsel to Sri Naresh Kumar Sinha informed this Court on 10.03.2015 that panel of Advocates of Municipality for the High Court has been revised and in the revised panel name of Sri Naresh Kumar Sinha, Advocate is not included. He also informed us that Sri Priya Ranjan, Advocate has been included in the new panel of Advocates notified by the Municipality and he has been informed about the present case. Accordingly, in order to secure appearance of Sri Priya Ranjan, Advocate in the present case on behalf of the appellant, we directed under our order dated 10.03.2015 to publish his name on the daily cause list. Name of Sri Priya Ranjan has been published in the daily cause list as the counsel for the appellant on 11.03.2015, yet he did not appear in the matter. We, however, passed over the matter. Even today, neither Sri Priya Ranjan nor any other counsel is available to press the appeal. In these circumstances, considering the fact that the appeal itself was filed on 11.11.1998 and notice was issued under order dated 09.12.1998, we chose to proceed with the hearing of the appeal.

(3.) Present appeal is arising out of judgment dated 13.07.1998, passed by learned Single Judge, in First Appeal No. 268 of 1974 whereunder judgment and decree dated 14.03.1974, passed in Title Suit No. 81 of 1966 has been affirmed holding that the water tax cannot be realised by Defendant No. 1 within the limits of Municipality, as imposition of the said tax is contrary to the provisions of Sections 82(1)(C), 85(1)(D) and 150(D) of the Bihar and Orissa Municipal Act, 1922.