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2025 DAILYLAW 93988 (ALL)

ANIL KUMAR MITTAL v. NAGAR NIGAM, GHAZIABAD AND 3 OTHERS

WRIC/31963/2025 · 2025-09-14

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31963 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard Sri Alok Saxena and Ms. Aanya Verma, learned counsels for the petitioner and Sri Raghuvansh Misra, learned counsel for the respondents. 2. The petitioner being aggrieved by the imposition of user charges by the respondent-Nagar Nigam has approached this Court with the following prayer :- "The Hon'ble Court be pleased to allow/grant the Civil Misc Writ Petition and issue a writ of certiorari or any other writ, order or direction quashing notice/ bill no.2067472 dated 08.04.2025 issued by the respondent no.01 demanding user charge @ Rs.5,000.00 per month from the petitioner in respect of their building bearing municipal no. RDC--J-3 (3AC, RDC, Raj Nagar), Ghaziabad." 3. According to the petitioner, he is liable to pay user charges as per Clause 12 of Ghaziabad Nagar Nigam Solid (Waste, Management and Handling) Bye-Laws, 2016 whereas the respondent has illegally imposed user charges under Clause 21 of the Bye-Laws upon the petitioner. 4. Sri Raghuvansh Misra, learned counsel for the respondents submits that since the commercial activities are being conducted in the building, therefore, imposition of user charge under Clause 21 of the Bye-Laws is correct. 5. It appears that the user charge has been imposed upon the petitioner without giving any notice and opportunity of hearing to the petitioner. Versus Counsel for Petitioner(s) : Aanya Verma, Alok Saxena Counsel for Respondent(s) : Raghuvansh Misra Anil Kumar Mittal .....Petitioner(s) Nagar Nigam, Ghaziabad And 3 Others .....Respondent(s) 6. In such view of the fact, the writ petition is disposed off permitting the petitioner to file a fresh representation along with certified copy of this order raising all his grievances against the imposition of user charge which is impugned in this writ petition before the respondent no.2-Nagar Ayukta, Nagar Nigam, Ghaziabad within a period of one month from today. In case, any such representation is filed by the petitioner, the respondent no.2 shall consider and decide the same in accordance with law after giving due notice and opportunity of hearing to the petitioner within a period of two months thereafter from the date he receives the representation of the petitioner. September 15, 2025 NS WRIC No. 31963 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad