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2011 Supreme(All) 198

YATINDRA SINGH, PRAKASH KRISHNA
CLARK HOTEL LIMITED – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Satish Mandhyan for the Petitioner; C.K. Parekh, C.S.C. for the Respondents.

JUDGMENT

By the Court.—These two writ petitions question the validity of the house valuation as well as imposition of house tax under U.P. Municipal Corporation Act, 1959 (the Act) by the Nagar Nigam, Varanasi (the Corporation).

THE FACTS

2. Clark Hotel Limited (the Petitioner) is a company incorporated under the Companies Act 1956. It runs hotels in a different parts of the country. It also runs a five star hotel at 20/54-A, the Mall, Varanasi within the municipal limits of the Corporation.

3. The proceeding for the house valuation as well as house tax were taken against the petitioner by the Corporation. Against the order for house valuation, an appeal was filed under Section 472 of the Act. In the appeal, the annual value was fixed at Rs. 55,000/- on 24.2.1978.

4. The Corporation filed an appeal against the aforesaid order. It was dismissed. Thereafter, the writ petition No. 307 of 1979 was also filed by the Corporation that writ petition was dismissed on 23.3.1999.

5. Subsequently, some more rooms and halls were constructed by the Petitioner. A fresh notice was issued against the petitioner and thereafter an order was passed.

6. The Petitioner filed an appeal against the subseque
















































































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