(Per : HONOURABLE MR.JUSTICE A.M.KAPADIA) Challenge in this Appeal filed under Section 411 of the Bombay Provincial Municipal Corporations Act, 1949 ('BPMC Act', for short) is to the correctness of the judgment and order dated 13th December 1993 rendered in Municipal Valuation Appeal No.4470/1988 by the learned Judge, Small Causes Court, Ahmedabad and thereby the Gross Rateable Value fixed by the appellant at the rate of Rs.88,476/- in respect of the premises bearing Survey No.123/D of Ward Vatva GIDC has been modified to Rs.17,289/- for the year 1987-88.
Mr.Bhaskar Tanna, learned senior counsel for the appellant submitted that the order which is impugned in the Appeal is a printed and cryptic order without assigning any reason. Therefore, the same is required to be quashed and set-aside and the Municipal Valuation Appeal No.4470/1988 be restored and remanded to the files of the learned Judge, Small Causes Court, Ahmedabad for deciding the same afresh after giving ample opportunity of leading the evidence to both the parties strictly in accordance with law.
Though the respondent is duly served, he elected not to remain present before the Court.
We have considered the submissions advanced by Mr.Bhaskar Tanna, learned senior counsel for the appellant. On perusal of the impugned order, it is seen that the same is on the printed form and only the blanks are filled up without assigning any reason. Therefore, the impugned order deserves to be quashed and set-aside by allowing this Appeal and thereby restoring and remanding the Municipal Valuation Appeal No.4470/1988 to the files of the learned Judge, Small Causes Court, Ahmedabad for deciding the same afresh after giving ample opportunity of leading the evidence to both the parties strictly in accordance with law.
For the foregoing reasons, the Appeal succeeds and accordingly it is allowed. The order impugned in the Appeal is quashed and set-aside. The Municipal Valuation Appeal No.4470/1988 is restored and remanded to the files of the learned Judge, Small Causes Court, Ahmedabad for deciding the same afresh after giving ample opportunity of leading the evidence to both the parties strictly in accordance with law. No order as to cost.
Registry is directed to send the records and proceedings to the Court below forthwith.
(A.M.Kapadia, J.) (J.C.Upadhyaya, J.) /moin Top