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1975 Supreme(MP) 42

C.P.SEN, G.P.SINGH
Laxmidas Patel – Appellant
Versus
Indore Municipal Corporation, Indore – Respondent


Advocates:
S.R. Fadnis and P.V. Pandit, for Petitioner; A.P. Tare, Dy. Govt. Advocate, for Respondents.

Judgement

SINGH, J. : - The petitioner by this petition under Articles 226 and 227 of the Constitution challenges the validity of Section 7 of the Madhya Pradesh Nirashriton Ki Sahayata Adhiniyam (Act 12 of 1970), hereinafter referred to as the Act, which authorises a local authority to levy a cess on lands and buildings within its local area. The petitioner also challenges the imposition and assessment of the cess and the bills issued to him for payment of tax on various grounds. An earlier challenge to the Act was negatived by this Court in Bhagwandas v. State of M. P., 1972 MPLJ 568 : (AIR 1972 Madh Pra 95). Grounds of challenge covered by that decision have not been repeated before us.

2. The petitioner is the owner of house No. 97, situated within the limits of the Municipal Corporation, Indore. The Indore Corporation was superseded by the State Government on 10th July 1970 and since then the Administrator appointed by the State Government carries on the duties of the Corporation. The Administrator is respondent No. 2 to this petition. The petitioner was served with a bill dated 5th September 1975 for payment of Rs. 48.64 as the cess assessed under the Act for the years 1971-72,











































































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