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1952 Supreme(Pat) 147

RAMASWAMI, SARJOO PROSAD
Rajnarain Singh – Appellant
Versus
Chairman, Patna Administration Committee, Patna – Respondent


Advocates:
B.C. Ghosh, N. Chatterjee and A.C. Mitra, for Petitioner; Advocate-General and K. P. Sinha, for Opposite Party.

Judgement

SARJOO PROSAD, J. :- This is an application under Art.225 of the Constitution by one Rajnarain Singh, who styles himself as Secretary to the Rate Payers Association, resident of village Yarpur in the district of Patna. He has prayed for an appropriate writ or direction against the opposite party, who is the Chairman of the Patna Administration Committee, tor restraining him from proceeding with the realisation of municipal taxes from the petitioner and other members of the Rate Payers Association, or from enforcing the provisions of the Bihar and Orissa Municipal Act, 1922, as modified and extended by notifications dated 25-4-1931, and the 25-4-1951, and similar other notifications to the area in which the petitioner and the members of his association reside, and for quashing the said notifications.

2. The material facts are that in 1911, when the province of Bihar and Orissa was originally constituted the municipal legislation applicable to the province was the Bengal Municipal Act, 1884 (Bengal Act 3 of 1884), and the said Act with modifications from time to time continued to apply to the province. The Bihar and Orissa Legislature subsequently enacted the Patna Administra









































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