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2025 DAILYLAW 39693 (ALL)

JAMIA URDU ALIGARH AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WTAX/1756/2025 · 2025-04-21

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Court No. - 40 Case :- WRIT TAX No. - 1756 of 2025 Petitioner :- Jamia Urdu Aligarh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Kumar Upadhyay Counsel for Respondent :- C.S.C.,Vibhanshu Vaibhav Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard learned counsel for the parties. The prayer in the present writ petition are as follows: "1). Issue a suitable writ, order or direction in the nature of certiorari quashing the impugned demand notices dated 18.02.2025 issued under signature of the respondent nos.l 4 and 5, whereby the Rs. 17,18,445/- and Rs. 49,334/- respectively has been demanded (Annexure No. 1 & 2) to the writ petition. 2). Issue a suitable writ, order or direction in the nature of Mandamus commanding/directing the respondents to modify/correct the demand notices in accordance with the factual matrix of the case and law on the subject." Upon perusal of the documents, we are of the view that a proper opportunity of hearing should be granted by the authorities to the petitioners before issuing the impugned demand notices. In the light of the above, the demand notices dated 18.02.2025 are quashed and set aside with a direction to the authority concerned to grant an opportunity of hearing to the petitioners and thereafter the authority would pass an order in accordance with law. The petitioners are directed to be present before the Respondent No.2 being Nagar Ayukt, Nagar Nigam, Aligarh on 07.05.2025 at 11:00 A.M. We make it clear that no adjournment shall be granted to the petitioners. Once opportunity of hearing is granted, a reasoned order should be passed within a period of six weeks from the date of granting opportunity of hearing. With the above observation, the petition stands disposed of. Order Date :- 22.4.2025 Imroz (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad