Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 201641 (ALL)

LAKHAN LAL v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT DEPTT. U.P. LKO. AND 4 OTHERS

/10060/2025 · 2025-10-14

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10060 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the petitioner, learned State Counsel, who appears on behalf of State-respondent and Ms. Monika Yadav, Advocate holding brief of Shri Namit Sharma, learned counsel for the respondent nos.2 to 5. This writ petition has been filed by the petitioner with the following main prayers : "(i) Issue a writ order or direction in the nature of certiorari quashing House Tax Assessment Bill dated 14.08.2025 for the Financial Year 2025- 26, pertaining to House No. 268/401-Ka, House ID No.9157A85597, Mohalla Pole Khera Ward-Malviya Nagar, Zone-2, Aishbagh, Lucknow received by the petitioner on 16.08.2025, as contained in Annexure No.1 to this writ petition in the interest of justice. (ii) Issue a writ order or direction in the nature of mandamus restraining the Respondents from taking any coercive action against the petitioner in pursuance of the Impugned House Tax Assessment Bill dated 14.08.2025 issued by the Respondent Municipal Corporation as contained in Annexure No.1 to this writ petition in the interest of justice. (iii) Issue a writ or direction in the nature of mandamus commanding the Respondents, to decide the Representation/Objection dated 20.08.2025 U/s- 213 of U.P. Municipal Corporation Adhiniyam, 1959 of the petitioner and rectify/amend or alter the House Tax Bill of the House No. 268/401-Ka, House ID No.9157A85597, Mohalla Pole Khera, Ward-Malviya Nagar, Versus Counsel for Petitioner(s) : Sandeep Kumar Srivastava, Anoop Kumar Counsel for Respondent(s) : C.S.C., Namit Sharma Lakhan Lal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Urban Development Deptt. U.P. Lko. And 4 Others .....Respondent(s) Zone-2, Aishbagh, Lucknow for the Financial Year 2025-2026, as contained in Annexure No.2, to this writ petition." It is the case of the petitioner that respondent no.3 has wrongly calculated the annual value of House No. 268/401-Ka, House ID No. 9157A85597, situated at Mohalla Pole Khera, Ward Malviya Nagar, Zone-2, Aishbagh, Lucknow, to the tune of Rs.13,88,454.64/-. The petitioner has submitted objection under Section 213 of the U.P. Municipal Corporation Act, 1959 to respondent no.4 for rectification/amendment of the house tax bill of his house, which is pending consideration. The prayer made by learned counsel for the petitioner is for a direction to respondent no.4 to consider the objection of the petitioner and decide the same in accordance with law. The writ petition is disposed of with a direction to respondent no.4 to consider the objection of the petitioner dated 20.08.2025 strictly in accordance with law and to pass a speaking and reasoned order thereon within a period of three weeks from the date a copy of this order is produced before him. For a period of three weeks, or till the decision is taken on the objection of the petitioner, whichever is earlier, no action shall be taken against the petitioner in pursuance of the impugned assessment. It is clarified that this Court has not entered into the merits of the claim of the petitioner. October 14, 2025 Mahesh WRIC No. 10060 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench