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1951 Supreme(All) 250

AGARWALA
MUNICIPAL BOARD – Appellant
Versus
DISTRICT JUDGE – Respondent


Advocates Appeared:
HARNANDAN PRASAD

AGARWALA, J.

( 1 ) THIS is an application by the Municipal Board, Allahabad, under Article 227 of the constitution praying that the order of the Additional District Magistrate passed by him under section 160, U. P. Municipalities Act, be set aside.

( 2 ) THE civil Court buildings and compounds situated at Allahabad were assessed at Rs. 6,528 and 5,520 respectively in the year 1945. The assessment was revised in the year 1950 by a Revising officer of the Municipal Board and the assessment was enhanced, the civil Court buildings being assessed at Rs. 13,160 while the compound was assessed at Rs. 10,900.

( 3 ) AS the civil court buildings and compound are in charge of the District Judge of Allahabad, the District Judge filed an appeal against the order of the Revising Officer before the District magistrate of Allahabad as provided under Section 160, Municipalities Act. The appeal was disposed of by the learned Additional District Magistrate who allowed it. He held that there was no justification for enhancing the original assessment of the buildings and the compound. It is against that order that this application has been made.

( 4 ) NO one appears on behalf of the District Judge, All






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