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2023 Supreme(P&H) 3386

RITU BAHRI, MANISHA BATRA
Daulat Ram Khan – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rajesh Lamba, Advocate.
For the Respondent: Ms. Mamta Singla Talwar, DAG, Haryana.
For the Respondent No.3:Mr. Prateek Mahajan, Advocate.

Table of Content
1. petitioner's request and order details. (Para 1 , 2 , 3 , 4)
2. precedent case for tax exemption. (Para 5)
3. notification details for tax exemption. (Para 6)
4. criteria for exemption from house tax. (Para 7 , 8 , 9)
5. order to quash the auction. (Para 10)

JUDGMENT

Ritu Bahri, J. (Oral)

In the present petition, petitioner is seeking writ of certiorari quashing of order dated 14.03.2007, Annexure P-1 vide which auction has been fixed for 09.04.2007 in Municipal Auditorium, NIT, Faridabad.

2. A perusal of the order dated 14.03.2007, Annexure P-1 reveals that the tax on lands and buildings of the petitioner was assessed @ Rs.225989/- per annum and notice of demand including arrears upto 2005-06 in the prescribed forms were served upon the assesses vide bill No. 56/2417 dated 12.07.2005 for an amount of Rs.1014217/- in accordance with provisions of Section 128 of the Haryana Municipal Corporation Act, 1994.

3. In order to recover this amount, the Joint Commissioner, NIT Zone Faridabad exercising the power of Commissioner 401(2) of HARYANA MUNICIPAL ACT , 1994 ordered the attachment of plot No. Khan Daulat Dharamshala NH-2( Area/Sector) and building constructed thereon

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