AWADHESH KUMAR v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF NAGAR VIKAS LKO. AND 3 OTHERS
WRIC/11345/2025 · 2025-11-21
Amitabh Kumar Rai, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176271 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176271 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11345 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Learned counsel for the petitioner at the outset says that he may be allowed to make correction in prayer clause 'c' of the writ petition during the course of the day. 2. The oral prayer made is accepted. Necessary correction be carried out during the course of the day. 3. Vakalatnamas filed today by Shri Rishabh Chauhan, learned counsel on behalf of respondent No.4 and Ms. Shruti Sahu, learned counsel on behalf of respondent Nos.2 and 3 are taken on record. 4. Heard learned counsel for the parties. 5. This petition has been filed with the following prayers :-
"a. Issue a writ, order or direction in the nature of certiorari quashing the impugned bill-cum-notice No.B202526378990 dated 25.08.2025 (Annexure no.1) issued by Opposite Party NO.4 (Executive Engineer, Lucknow, Jal Sansthan, now Jalkal Vibhag, Nagar Nigam, Lucknow, Zone-7) as being arbitrary, illegal and without jurisdiction. b. Issue a writ, order or direction in the nature of mandamus commanding the Opposite Parties to consider and decide the petitioner's pending objections/representations dated 02.09.2025 (Annexure no.5) and 08.07.2025 (Annexure no.3) regarding the determination of Annual Rental Value (ARV) strictly in accordance with law after affording the petitioner due opportunity of hearing and by passing a reasoned and Versus Counsel for Petitioner(s) : Harshit Singh, Garima Singh, Shikha Counsel for Respondent(s) : C.S.C., Namit Sharma, Sankalp Dewari Awadhesh Kumar .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Nagar Vikas Lko. And 3 Others .....Respondent(s)
speaking order. c. Issue a direction restraining the Opposite Parties, their servants, agents and subordinates from giving effect to or enforcing the impugned bill-cum-notice dated 25.08.2025 or from taking any coercive measures such as disconnection of water supply or recovery proceedings against the petitioner pursuant thereto. d. Issue any other suitable writ order or direction which this Hon'ble Court may deem just and proper in the interest of justice and to secure the ends of equity. e. Award costs of the petition in favour of the petitioner."
6.
It has been submitted by learned counsel for the petitioner that the petitioner is a senior citizen having the house at Mangalam Marg, A Block, Indira Nagar which falls within Lal Bahadur Shastri, Ward No.1, Zone-7 under the jurisdiction of the Lucknow Nagar Nigam. The petitioner has been paying all municipal dues including house tax, water tax and sewerage charges from time to time. The Lucknow Jal Sansthan (now Jalkal Vibhag of Lucknow Nagar Nigam) is the statutory body and maintains and manages water supply and sewerage charges in the city of Lucknow) is the statutory body and maintains and manages water supply and sewerage charges in the city of Lucknow. It has authority to levy and collect water and sewerage taxes from the occupiers and owners of premises situated within its jurisdiction. The petitioner received a bill-cum-notice on 25.08.2025 issued by the opposite party No.4 demanding an exorbitant sum of Rs.3,11,188/- as arrears and current dues of water taxes and sewerage charges. No prior notice was given to the petitioner. The bill further states that Annual Rental Value (ARV) of the premises has been calculated as Rs.4,89,078/- w.e.f.
01.04.2022. 7. It has been submitted that the petitioner, being aggrieved by an earlier notice issued by the Zonal Officer, Nagar Nigam regarding illegal fixation of ARV, had filed his objection on 21.07.2025. Without such objections being decided, water tax and sewerage tax have been charged on the basis of such ARV. 8. Learned counsel for respondent No.4 has pointed out that the petitioner can file an appeal under Section 472 of the U.P. Municipal Corporation Act, WRIC No. 11345 of 2025 2
1959 before the Judge, Small Causes Court. 9. In view of the availability of the statutory remedy, the writ petition is dismissed with liberty to the petitioner to file his appeal before the Judge, Small Causes Court. November 21, 2025 Shubhankar WRIC No. 11345 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench