HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11594 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel who appears on behalf of the State-respondent and Sri Virendra Singh who has filed his power on behalf of respondent no.2, which is taken on record. 2. This petition has been filed with the following prayer: "(i) To issue a writ in the nature of certiorari quashing the notice dated 12.02.2025 and recovery citation dated 14.07.2025 passed by opposite party no.4 contained as annexure no.1 and 2 in the interest of justice. (ii) To issue a writ in the nature of mandamus commanding the opposite party no.4 not to take any action against the petitioner in the interest of justice." 3. It is the case of the petitioner that the Jal Kal Vibhag has calculated the water charges and sewerage charges for the petitioner's house although there is no connection given by the Jal Kal Department. They have charged such amount as mentioned in the impugned orders only on the basis of annual rental value of the house determined by the Nagar Nigam which has also been determined incorrectly. 4. Sri Virendra Singh has placed before this Court the instructions sent by Versus Counsel for Petitioner(s) : Diwakar Prasad Sharma Counsel for Respondent(s) : C.S.C., Sankalp Dewari Omega Engineers Works Thru. Proprietor Shivam Verma .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Urban Development Deptt. Lko. And 3 Others .....Respondent(s) the Executive Engineer, Jal Kal Department, Nagar Nigam, Lucknow, wherein it has been stated that after objections are received by the petitioner, the water charges, sewerage charges that were initially issued to him, has been revised and till March 2025, Rs. 4,14,907/- has been determined which needs to be paid. 5. Aggrieved by the alleged incorrect fixation of the rental value of the house, the petitioner has remedy of appeal under Section 472 of the U.P. Municipal Corporation Act, 1959. 6. It has also been submitted that the Hon'ble Supreme Court has already settled the issue regarding the liability to pay water tax and sewerage charges of a house owner even if there is no water or sewerage connection in his house, in the judgment rendered in the case of Jalkal Vibhag Nagar Nigam and others versus Pradeshiya Industrial and Investment Corporation, reported in (2021) 20 SCC 657. 7. The writ petition is disposed of with liberty to the petitioner to file an appeal under Section 472 of the U.P. Municipal Corporation Act, 1959, before the Civil Judge, Small Causes Court, Lucknow. November 28, 2025 Abhishek Gupta WRIC No. 11594 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench