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2025 DAILYLAW 160490 (ALL)

VINDESHWARI PRASAD PANDEY v. STATE OF U.P. THRU. ADDL. PRIN. SECY. DEPTT. OF NAGAR VIKAS LKO. AND 11 OTHERS

WRIC/8616/2025 · 2025-09-08

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8616 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 & 2 and Shri Yogendra Nath Yadav, who has filed his Power on behalf of the Opposite party no.6-Smt. Vijay Sri and Shri Anil K. Tripathi, who appears on behalf of Nagar Palika Parishad, Gonda, the Respondent nos.3 and 4. 2. This petition has been filed by the petitioner for the following prayers:- " i. Issue a writ, order or direction in the nature of CERTIORARI for quashing the impugned order dated 19.07.2025 passed by Tax Assessment Officer, Nagar Palika Parishad, Gonda (opposite party no. 4) whereby opposite party no. 4 in respect of house no. 503/863 situated in Mohalla Civil Lines first, Gonda directed to deposit the house tax and water tax to the petitioner as well as opposite party no. 5 to 12 in place of the owner of the aforesaid house namely Late Madhuri Devi wife of the petitioner being her legal heirs. Copy of the order dated 19.07.2025, contained as Annexure No. 1 to this writ petition. ii. Issue any other suitable order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. Versus Counsel for Petitioner(s) : Arvind Pratap Singh Counsel for Respondent(s) : C.S.C., Anil Kumar Tripathi Vindeshwari Prasad Pandey .....Petitioner(s) State Of U.P. Thru. Addl. Prin. Secy. Deptt. Of Nagar Vikas Lko. And 11 Others .....Respondent(s) iii. Allow the petition with cost." 3. A preliminary objection has been raised regarding the maintainability of the petition on the ground that statutory remedy is available against the Assessment order of the Tax Assessment Officer, Nagar Palika Parishad, Gonda, before the Executive Officer, under Section 160 of the U.P. Municipalities Act. 4. This writ petition is disposed of with a direction to the petitioner to file an Appeal before the Appellate Authority that is the Executive Officer, Nagar Palika Parishad within ten days from today. September 8, 2025 N.PAL WRIC No. 8616 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench