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2017 Supreme(Jhk) 1031

D.N.PATEL, RATNAKER BHENGRA
Alok Sahoo, son of Lt. R. P. Sahoo – Appellant
Versus
State of Jharkhand, through Chief Secretary, Government of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners:M/s. Indrajit Sinha, Rohitashya Roy, P.A.S. Pati, Tarun Kr. Mahato & Vineet Prakash, Advocates Mr. Rajeeva Sharma, Sr. Advocate; Mr. Sunil Kr. Mahto, Advocate M/s. M.K. Habib & J.K. Pandey, Advocates M/s. Amresh Kumar & Namita Sahay, Advocates Mr. Jay Prakash Jha, Sr. Advocate; M/s. Shree Prakash Jha & A. Prakash, Advocates
For the Deoghar Municipal Corporation :Mr. Anil Kumar Jha, Mr. Ranjit Kumar, Advocate
For the Respondent:Mr. Kumar Sundaram, JC to AG Mr. Rajesh Kumar, G.P.-V Mrs. Shweta Singh, JC to G.P.-V Mrs. C. Prabha, S.C.IV M/s. Santosh Kr. Jha & Mahavir Pd. Sinha, Advocates

ORDER :

D.N. PATEL, J.

1. In all these writ petitions, constitutional validity of the Jharkhand Municipal Act, 2011 as well as the constitutional validity of the Jharkhand Property (Assessment, Collection and Levy) Rules, 2013, as amended from time to time, are under challenge, being violative of the provisions of the Constitution of India as well as the provisions of the Jharkhand Municipal Act, 2011, as per the counsel for the petitioners.

2. Arguments canvassed by the counsel for the petitioners:

• Mr. Indrajit Sinha, counsel appearing on behalf of the petitioners, in W.P.(PIL) No. 764 of 2017,W.P. (PIL) No.697 of 2017, W.P.(PIL) No. 872 of 2017, has submitted that there is no upper limit of tax prescribed for the holding tax, under the Jharkhand Municipal Act, 2011 [hereinafter referred to as 'the Act, 2011' for the sake of brevity] and hence, the Act, 2011 deserves to be quashed and set aside as it is unconstitutional and violative of the provisions of Article 265 of the Constitution of India. Counsel for the petitioners has relied upon the decision of the Hon'ble Supreme Court, reported in (1999) 8 SCC 667.

• Counsel for the petitioners has further submitted that as per Article 24



















































































































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